Partly allowed

KandulaSimhaRao v. The State of Telangana

Telangana HC1 Feb 2024WP/2458/2024

Case brief

AI extract

What is this about?

In this writ petition, the High Court addressed the petitioner's grievance regarding missing land extent and wrongly recorded sold land in his pattadar passbook. Without adjudicating merits, the Court directed Revenue officials to process the correction application and issue necessary orders within 45 days.

What did the court decide?

Direction to Respondents 2 and 4 to process Dharani Application No.2200143221 regarding missing land extent and sold lands, issue notice to interested persons, and pass orders within 45 days.

KandulaSimhaRao Vs The State of Telangana — Property and Title | Telangana HC (2024)

¶1

[³¹⁸³¹

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

THURSDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

¶6

WRIT PETITION No. 2458 OF 2024

¶7

Between:

¶8

Kandula Simha Rao, S/o Venkatram Narsaiah, age. 71^{years, Occupation.} Agriculture, RJo H.No. 1-1916811-1 F No.404,^{Prashanth heishlq,Prashanthnagar,} ofp. Appollo Pharmacy, A.S Rao^{Nagar,Kapra, Medchal-MalkajgiriDistrict,} Telangana-62

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, represented by^{Principal Secretary(Revenue),} Secretariat, Hyderabad.

¶12

2 The District Collector, Suryapet District.

¶13

3 The Revenue Divisional Officer, Suryapet

¶14

4 Tahsildar, Suryapet Mandal, Suryapet District.

¶15

...RESPONDENTS

¶16

Petition under Article 226 of the Constitution^{of lndiaprayingthat in the} circumstances stated in the affidavit^{filedtherewith,the High Court may be} pleased to issue an Order, direction or Writ more^particularly one in the^{nature of} writ of Mandamus declaring the^{inaction of the Respondent No.4in including the} missing extent Ac.1-35Gts^{in Sy.No.81of RamavaramVillage of Suryapet Mandal} and District in his PB/TD No. T29210030376and^{deleting the sold extents in spite} of Application dt.22-11-2o22and^{affixing signature on o4-11-2023payingrequired} fee, as illegal, arbitrary and^{violativeof right to propertyof petitioner underArt.} 300-4 of constitution of^{lndia andconsequentlydirect the Respondent No.4to} include the missing extent and^{delete sold extentsin the Passbook and Title Deed} of the Petitioner.

¶17

IA O:1 OF 2O2,1

¶18

Petition urder section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Resp,)ndent No.4 to pass appropriate order on the applications d1.22-11-2022 anl 04-1 1-2023 of petitioner by adding the missing extent of Ac.135Gts in sy. No.€ 1 of Ramavaram virage and derete the extents sord pending disposal of W.P.

¶19

Counsel forthe Fetitioner: SRt pASNOORU ANANTH AATHREYASA

¶20

Counsel for the Respondents: AGp FOR REVENUE

¶21

The Court made the fottowing: ORDER

¶22

¶23

'"7 r'

¶24

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

¶25

WRIT PETITION No.2458 OF 2024

¶26

ORDER:

¶27

This writ petition is filed by the petitioner to declare action of the respondents in not considering Dharani Application No.2200143221 dated 22.11.2022 submitted by him for inclusion of missing extent of Acs.1-35 Gts in Survey No.81 of Ramavaram Village, Suryapet Mandal and District, and also for deletion of his sold away lands in his pattadar passbook-cum-title deed bearing No.T29210030376, as being arbitrary and violative of Article 300-4 of the Constitution of lndia.

¶28

Heard learned counsel for the petitioner and learned Assistant Govemment Pleader for Revenue, and perused the material available on record.

¶29

The petitioner claims to be the absolute owner and^possessor of the land admeasuring Acs.1-35 Gts in Survey No.81, Acs.1-02 Gtsⁱⁿ Survey No.53, Ac.0-28 Gts in Survey No.55 and Acs.1-1 1 Gts in Survey No.59 of Ramavaram Village, Suryapet Mandal and^District, which are his ancestral property. He was issued old^{pattadarpassbook} and title deed for the said laMs. Except retaining the subject^landto an extent of Acs.'t-35 Gts in Survey No.81, the^{petitioner sold away the} dher lands. Later, he was^{issued new pattadarpassbook-cum-title} deed bearing No.T29210030376 vide^{Khatha No.480.}

¶30

¶31

Aa;ording to the learned counsel for the^{petitioner,wrong} entries were made in the^{pattadar passbook} of the^{petitioner by} entering thr: land to an extent of Acs.1-02 Gts in Survey^{No.53,Ac.0-28} Gts in Surrey No.55 and Acs.1-1 1 Gts in Survey No.59, which^were sold away, and the unsold land of Acs.1-35^{Gts in Survey No.81is} missing in lris pattadar passbook.

¶32

lt i:; submitted that Ms. B. Pavitra, the^purchaser of the^lands sold by th: petitioner, was also issued^{pattadar passbook-cum{itle} deed for the lands purchased by her. The^petitioner submitted^Dharani Application No.2200143221 dated 22.11.2022 for correction of entries in his^patte dar passbook. However, there is delay on the^part of^the respondenl authorities in disposing of the said application, as such, the petitioner is; constrained to approach this Court.

¶33

Leirmed Assistant Government Pleader for Revenue submitted that appropriate action will be taken on Dharani application of the petitioner e s expeditiously as possible.

¶34

7 . ln the above facts and circumstances of the case, without entering into the merits of the case, the writ^petition is disposed of directing r,:spondent Nos.2 and 4 to consider Dharani Application No.22O0143221 dated 22.11.2022 submitted by the^petitioner, for correction ,rf entries in his pattadar passbook by including the missing

¶35

¶36

¶37

extent of Acs.1-35 Gts in^{Survey No.81 of RamavaramVillage,}

¶38

Suryapet Mandal and District, and^{deleting the sold away lands,by} issuing notice to the concerned/interested^{persons and passorders' in} accordance with law, within a^{period of forty-five (45) days from the}

¶39

date of receipt of a copy^{of this order. No order as to costs.}

¶40

As a sequel therelo,^{miscellaneous applications,if any,pending}

¶41

in this writ^petition stand closed.

¶42

//TRUE COPY/I

¶43

sD/- L.srvA PARVATHT ASSISTANTIRE9STRAR u/ SECTION^OFFICER

¶44

To,

¶45

The District^{Collector, Suryapet District'}

¶46

The Revenue^{Divisional Officer, Suryapet}

¶47

The Tahsildar,^{Suryapet Mandal, Suryapet District'}

¶48

4- One CC to^{SRIPASNOORU ANANTH AATHREYASA' Advocate[OPUC]}

¶49

Two CCs^{to GP for Revenue,High Court for the State of Telanganaat} Hyderabad [OUT]

¶50

Two CD^CoPies

¶51

¶52

GJ g

¶53

HIGH COURT

¶54

DATED:01 10212024

¶55

.ilE STA
q (
j)
2
coJ 23 rEB 202{ C)
.a'

. ^,*c ci
-q tr,{:-

¶56

ORDER

¶57

WP.No.2458 of 2024

¶58

DISPOSING OF THE WRIT PETITION

¶59

o
W

¶60

WITHOUT COSTS

KandulaSimhaRao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

KandulaSimhaRao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nawab Mir Muzaffar Ali Khan Vs State of Telangana

Palle Chandrappa Vs The State of Telangana

Merla Naresh Vs The State of Telangana

Vangapalli Indira Vs The State of Telangana

Sri. B.Nagesh Vs The State of Telangana

K.Venkat Reddy Vs The State of Telangana