Disposed

Nakka Padma v. The State of Telangana

Telangana HC2 Feb 2024WP/2588/2024

Case brief

AI extract

What is this about?

Petitioner sought a mandamus directing revenue authorities to process her Dharani application for e-pattadar passbooks over agricultural land based on a specific performance decree and registered sale deed. The Government Pleader undertook to act in accordance with law. The Court disposed of the writ petition directing respondents to decide the application with notice within forty-five days.

What did the court decide?

Respondents 3-5 directed to consider Dharani application No.2300164165 dated 19.12.2023 and pass orders in accordance with law within 45 days after notice; no costs.

Nakka Padma 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 HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY, THE SECOND DAY OF FEBRUARY rurlo rHousnND AND TWENTy FouR

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PRESENT

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THE HON URABLE SRI JUSTICE B.VIJAYSEN REDDY

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uf,*,r rar,r,oN No: 2588 oF zo24

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Between:

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i Nakka Padma, W/o Late Vasu, Aged about 48 Years, Occ. Agriculture, R:/o. H.No. 7-478, Bahgarugadda, Miryalaguda Town and Mandal, Nalgonda District, T.S.

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...PETITIONER

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AND

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The State of Tela,igana, Rep. by its Principal Secretary. Revenue Department, Secretariat Building, Secretariat, Hyderabad.

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The Chief Commissioner of Land Administration, Telangana State, Hyderabad. lr

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The District Colleitor, Nalgonda, Nalgonda District.

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The Revenue Divisional Officer, Miryalguda Division, Nalgonda District

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The Tahasildar, Miryalguda IVlandal, Naglonda District.

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,f,

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...RESPONDENTS

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I Ir Petition under A rti cle 226 of the Constitution of lndia praying that in the circumstances stated iJr the affidavit filed therewith, the High Court may be pleased to issue an appiopriate writ, order or direction more I particularly one in the I nature of Writ of Manda'mus declaring the action of Respondent No. No.3 to 5 in non-considering the oriline I application through vide No. 2300'164165 of the Petitioner dated 1g-1d2023 and non-initiating to do digital signature on the agriculture land of the Petitioner to an extent of Ac.2.2O Gts in Survey No.362, an extent of Ac.1 3.07 gts in Survey No.364, and to an extent of Ac.7 .13^gts in Survey No. 365 totaling to anrextent i of Ac.23.00 Gts which is situated at Chintapalli Revenue Village, Mirydlaguda lt4andal, Nalgonda District and non-initiating to I issue e-pattadar passbobks to the Petitioner on her cultivating land is highly illegal, arbitrary, unconstitution'a I I and violation of Articles 14, 15,21 and 300-A of Constitution of lndia rid also violation of Principles of Natural Justice consequently d irect tlie espondent Nos-3 to 5 to consider the online application

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through vide No. 230016 165 of the Petitioner daled 19-12-2023 and do the digital I signature on the land ofithe Petitioner and to issue E-Pattadar^{Passbooks to the} I Petitioner on her cultivating land to an extent of Ac.2.2O Gts^{in Survey No.362, an} extent of Ac.13.07^gts in'Survey No.364, and to^{an extent of Ac.7.13 gts in Survey} I No. 365 totaling to an extent of Ac.23.00 Gts^{which is situatedat Chintapalli} Revenue Village, Miryalaguda [Vlandal, Nalgonda^District

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lA NO: 1 OF 2024 I

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Petition under Se[. ion 15'1 CPC praying that in the circumstances stated in i the affidavit filed in supp6rt of the^petition, the^{HighCourt maybe pleased to direct} ,i the Respondent Nos.3 tb 5 to consider the online^{applicationthrough vide No-} 2300164165 of the P€ititlbner dated 19-12-2023 and do the digital signature on the land of the Petitioner arib to issue E-Pattadar Passbooks^{to the Petitioner on her} cultivating land to an Extent ti of Ac.2.20 Gts in^{SurveyNo.362,} an^{extent of} Ac.'13.07^gts in Survey No.364, and i to an extent of^{Ac.7 .13 gts in SurveyNo. 365} totaling to an extent of Ac.23.00 Gts which is situated^{at ChintapalliRevenue} Village, t\tliryalguda Mdndal, Nalgonda District^pending disposal of the^Writ Petition. I'

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Counsel for the Petitioder: SRI RAPOLU BHASKAR Counsel for the Resporidents: AGP FOR REVENUE

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The Court made the fol owing: ORDER

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TIIE HONOURABLE SRI JUSTICE^{B. VIJAYSEN REDDY}

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WRIT PETITIO N No.2588 OF²⁰²⁴

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ORDER:(ORAL)

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This writ petition is filed by^{the petitionerseeking to declare} the action of respondent Nos.3^{to 5 in not consideringher Dharani} application bearing No.2300164165^{dated 19-12.2023 for issuance} of e-pattadar passbook^{in respect of her land admeasuringAcs-2-20} guntas in Survey No.362, Acs.13-07^{guntas in SurveyNo.364and} Acs.7-13 guntas in Survey^{No.365 totaladmeasuring Acs.23-00} guntas situated at Chintapalli Village,^{MiryalgudaMandal,} Nalgonda District, as being^{illegal and arbitrary.}

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Heard Mr. Rapolu Bhaskar,^{learned counsel for the} petitioner and leamed Assistant Government^{Pleader for Revenue} appearing for respondents,^{and perused the materialon record.}

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Leamed counsel for the^{petitioner has submitted that the} petitioner has acquired title to the land^{admeasuring Acs-2-20} guntas in Survey No.362, Acs.13-07^{guntas in Survey No.364and} Acs.7-13 guntas in Survey^{No.365, totaiadmeasuringAcs.23-00} guntas sihrated at Chintapalli Village,^{MiryalgudaMandal,}

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Nalgonda District, by virtue of decree of Specific Performance granted in O.S. No.46 of 2013 on the f,rle of learned Senior Civil Judge, Miryalaguda. In pursuance to the decree in O.S. No.46 of 2013, petitioner has filed E.P. No.178 of 2013, and the Court below has executed registered sale deed bearing document No.1263 of 2015 dated 09.04.2014 in favour of petitioner in respect oftbe subject land.

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Leamed counsel for the petitioner submitted that basing on the decree and registered sale deed, respondent No.5 - Tahsildar, 1n Miryalguda Mandal, has issued mutation proceedings Proc.No.B/7497 12015 dated. 13.07 .2016 in favour of petitioner and petitioner's name is also recorded in the 1-B Records. Petitioner has submitted online application bearing No.2300164165 dated 19.12.2023 for issuance of e-pattadar passbook in respect of the subject land. However, there is inaction on the part of respondent authorities in processing the petitioner's Dharani application, as such, he is constrained to approach this Court.

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Learned Assistant Government Pleader for Revenue appearing for respondents has submitted that appropriate action

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-l

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will be taken on the Dharani application of the^{petitioner, in}

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accordance with law.

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Recording the aforesaid submission of the leamed Assistant

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Govemment Pleader for Revenue, without going into the merits of the case, the writ petition is disposed of directing respondent Nos.3 to 5 to consider petitioner's Dharani application bearing No.2300164165 dated 19.12.2023 for issuance of e-pattadar passbook in respect of her land admeasuring Acs.2-20 guntas in Survey No.362, Acs.l3-07 guntas in Survey No.364 and Acs.7-13 guntas in Survey No.365 total admeasuring Acs.23-00 guntas situated at Chintapalli Village, Miryalguda Mandal, Nalgonda District, by issuing notice to all concemedi interested persons, and pass orders, in accordance with law, within a period of forty five (45) days from the date of receipt of a copy of this order. There sha1l be no order as to costs

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As a sequel thereto, miscellaneous applications,

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if any, pending in the writ petition stand closed

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I SD/.P.CH.NAGABHUSHAM A ASSISTANT REGIS R //TRUE COPY// | I SECTION ICER I 1 The Principal Secr6tary, Revenue Department, Secretariat Building, Secretariat, Hyderdbad, State of Telangana. The Chief Commis5ioner of Land Administra tion, Telangana State, Hyderabad

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3 The District Collecfor, Nalgonda, Nalgonda District. 4 The Revenue Divisional Officer, A/iryalguda Division, Nalgonda District. 5 The Tahasildar, I/iryalguda [Vlandal, Naglonda District. Respondents o One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] 7 Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

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Two CD Copies

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PSK.

HIGH COURT

DATED:0210212 24

ORDER

WP.No.2588 of 024

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DISPOSING E WRIT PETITION WITHOUT C S,

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Nakka Padma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Nakka Padma v. The State of Telangana

Case brief

What is this about?

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