Allowed

Sai Akhil Palamakula v. the State of Telangana

Telangana HC2 Feb 2024WP/2563/2024

Case brief

AI extract

What is this about?

Writ petition challenging the unreasoned rejection of a mutation application for agricultural land in Telangana. The High Court allowed the petition, setting aside the order for violation of natural justice and remanding the matter for a reasoned decision.

What did the court decide?

Petition allowed; impugned rejection order set aside as passed without reasons; matter remitted for a reasoned order within two months.

Sai Akhil Palamakula Vs the State of Telangana — Property and Title | Telangana HC (2024)

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[³¹⁸³ ]

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

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FRIDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 2563 OF 2024

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Between:

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Sai Akhil Palamakula, S/o. Bhushan Kumar, Aged about 25 years, Occ. Business, Rl/o. 1-9-27712O, Lalitha Nagar, Adikmet, Musheerabad, Hyderabad-500020.

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...PETITIONER

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AND

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The State Of Telangana, Rep. by its Principal Secretary, Revenue Departrnent, Secretariat, Hyderabad.

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The Chief Commissioner Of Land Administration, Represented by its Commissioner. Ofiice At Opposite Annapurna Hotel, Abids, Hyderabad.

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The Collector, Jangaon District.

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The Tahsildar Cum Sub-Registrar, Jangaon Mandal, Jangaon District.

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...RESPONDENTS

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Petition under Article 226 ot lhc- Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, more particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.3 and 4 in rejecting the Mutation Application No. 2100248809 in respect of land admeasuring Ac.0.04Gts, in Plot No.37 in Sy.No.154/S, situated at Yerragollapahad village and Gram Panchayath, Jangaon Revenue Mandal, Jangaon District without assigning any reasons is illegal, arbitrary, against to the Telangana Rights in land and Pattadhar Pass Book Act 2O2O, against the Principles of Natural Justice and Article 300 A of Constitution of lndia and consequently to set aside the same and Direct the Respondent No.3 to mutate the name of Petitioner in respect of Ac.0.04Gts, in Plot No.37 in Sy.No.154/S, situated at Yerragollapahad village and Gram Panchayath, Jangaon Revenue Mandal, Jangaon District in the Dharani Portal online records while issuing Pattadar Passbook.

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lA NO: 1 OF 2024

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Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to susPEND the rejection order of the Respondent No.3 and 4 in respect of mutation application No. 210024gg09 while directing the Respondents to mutate the name of Petitioner in respect of land admeasuring Ac.O.04Gts, in plot No.37 in sy.No.154/S situated at Yerragoilapahad viilage and Gram panchayath, Jangaon Mandal, Jangaon District pending disposal of writ petition.

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Counsel for the Petitioner: SRI K.pRADEEP REDDY Counsel for the Respondents: AGp FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN^RX,DDY

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WRJT PETITION No.2563 OF 2024

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9RDEB:^(ORAL)

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' This writ petition is filed aggrieved by the action of^{respondentNo.3-} District Collector, Jangaon District, in rejeciing^{DharaniApplication} No.2100248809 of the petitioner for mutation^{of her name in revenue records} in respect of the land admeasuring^{Ac.0-04 Gts., in Plot No.37 in Survey} No.l54lS situated at Yerragollapahad^{Village andGramPanchayat,Jangaon} Revenue Mandal, Jangaon District,^{withoutrecording any reasons.}

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Petitioner claims to have^{purchased the aforesaidsubject land under} registered sale deed bearing^{documentNo.8695 of 2019 dated 22.06.2019} from the previous owner Mr.^{Vanga Rajeshwarfor valuablesale} consideration. It is submitted^{that thoughthe extentof the subject landis} Acs.0-04 Gts, equivalent to^{484 sq.yards,} .^{the same was purchasedas} agricultural land. Even as^{per the schedule annexed to the sale deed'there} were sandal wood trees in the land,^{thus, the primary purposefor which the} land was used was agriculture^{and there is no conversionof land to non-} agriculnue^purpose. It is submitted^{that mutation application of the petitioner} was^{rejected without assigning anyreasons.}

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Heard leamed counsel^{for the petitionerand learned Assistant} Government Pleader^{for Revenue, and perusedthe material availableon} record.

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4.LeamedAssistantGovemmentPleaderforRevenuesubmittedthat though reasons^{have not beenrecorded in the impugrred rejection order' it} appears that the^{land is convertedinto ptosatd, prima facie,the provisions of} the Telangana^{Rightsin Land and PattadarPassbooksAct, 2020 are not} applicable.

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5.However,leamedcounselforthepetitionersubmittedthatthesubject land is still used^{for agriculture purpose and the sameis evident fromthe} schedule arurexed^{to the sale deed showing that the land was coveredby} sandal wood^trees.

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In the above facts^{and circumstatrces, without enteringinto the meritsof} the case, the^{writ petition is allowedsettin!aside the impugned rejection} order as the^{sameis passed without recordinganyreasonsandis in violation} of principles^{of natural justice.The mafter is remitted to respondentNo'3who} shall re-consider^{Dharani AppticationNo.210042E809of the petitioner by} issuing notice to^{the petitioner and otherinterested personsandpassa} reasoned order, in accordance^{withlaw, vithina periodof two (02)months} from the date of receipt^{of a copy of this order' No orderas to costs}

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i l l I I i I I I I ! ri I

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As a sequel thereto, miscellaneous applications, if any, pending in the

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writ petition stand closed.

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SD/. K.SREERAMA^MURTHY ASSISTANT BEGISTRAR<sup>-./- //TRUE COPY// v,

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SECTION OFFICER

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To 1 The Principal Secretary'^{Revenue Department, Secretariat, Hyderabad' State} Of Telanoana.

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2 i# 6;fii;;"ner,^{Chief Commissioner of LandAdministration'office At} Opposite Annapurna^{Hotel,Abids, Hyderabad'}

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Th6 Collector, Jangaon^District.

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3 Th6 Collector, Jangaon^District. 4 ih. i;ilila;; cum'^{suu-Registrar' JangaonMan{a!.JangaonDistrict'} 5 on" cCio Snl^{K.PRADEEF REDDY' Advocate toPgcl} 6 iwo CCs to GP^{FORREVENUE, High Court for the State of Telangana at} Hyderabad. [OUTj

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7 Two CD CoPies

PSK.

HIGH COURT

DATED:0210212024

ORDER

WP.No.2563 of 2024

1 1aE sTAr6 c
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o(-) 13 Fr.8 2U[
Fi-; r:,,7 '.i

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ALLOWING THE WRIT PET]TION WITHOUT COSTS.

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(9/)-.

Sai Akhil Palamakula v. the State of Telangana

Case brief

What is this about?

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Sai Akhil Palamakula v. the State of Telangana

Case brief

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