Muppidi Ambuja Reddy v. The State of Telangana and 7 others

Telangana HC4 Nov 2024WP/2626/2023

Case brief

AI extract

What is this about?

This Single Judge Writ Petition challenged the inaction of revenue authorities in processing mutation applications under the Article 341 Dharani Portal scheme. The Court, without deciding on substantive land rights, ordered a departmental enquiry under CCLA circulars to be completed. A concurrent miscellaneous petition under Section 151 CPC pending the disposal of the writ was also noted.

What did the court decide?

The Court directed the Revenue authorities to conduct an enquiry and consider the mutation applications within three months.

Muppidi Ambuja Reddy Vs The State of… — Pension and Retirement Benefits | Telangana HC (2024)

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I I

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

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MONDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITI ON NO:26260F 2023

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Between:

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It4uppidi A,'nbuia ReCdv. !.//c Late Ra,.nakrishna ReCCy, Aged abcut 52 vears. occ Ag ricu tru ie, R/o lV"a ra n g u i Virii g", K"i[; "il;i;iil ifi;;i;, ru;;;-";r"i

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...PETITIONER

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AND

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1 The State of Telanoana. Rep.,by.its principal Secretary, Department of Revenue, Secretan-at, Hyderabad.

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2 The Chief Commissioner of Land Administration, Nampally Station Road, Abids, Hyderabad.

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The District Collector, Karimnagar District, Karimnagar.

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The Revenue Divisional Officer, Huzurabad, Karimnagar District.

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The Tahsildar, Shankarpatnam Mandal, Karimnagar District.

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Muppidi Sravani Reddv. D/o. M.Shrikanth Reddy, Aged about 40 years, Occ Ho useho td. C/o. Ga no6' Kar"ri s."J l, p,i.' ii;.,'t6iih;, M;Ed;i firi;b;'" S hankarapatnam Maidat, t<artmnagar ol;t;;."''-'

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Palauri Rajmouli, S/o. p.Venkata Narsu, Aged about 50 years, Occ. Ap;;::ll,^{*, R/o. Ma kr ha, Mota nsu r. S hin iii" p -.,i"imn ri no,r I ir-,"#n} "sr

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Nelaveni Sanieev. S/o. N.Komariah, Aged about 50 years, Occ. Agricu{ture, Rlio. Maktha, Motangur, shankarapdtni, rrarrjr["KLri.n,rgjiDi"iiiit...-.",

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...RESPONDENTS

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Petition under Articre 226 0f the cons{itution of rndia praying that in the circumstances stated in the affidavit fiteO tnerewitfr, tfre High'd; ;;y ;" pleased to issu-e-an appropriate order, writ or oirection more particurarry one in the nature of writ of Mandamus directing the Respondent nos. 1 to s to consider onrine mutation apptication No. 2200035014, and No.22OO035O1 7, i, ,".p""t^'of agriculture land sy.No. 87781 to an extent of Ac.,.10 gnts, sy.No.cszia[e to ^n extent of 0.17 gnts, Sy.No.910/A/1/2 to an extent of 0.17 gnis,'"rJ svl,r".g1oil,,z

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to an extent of 0.24^gnts, situated^{in lvlolangurVillage, ShankarapatnamMandal,} Karimnagar District and further direct them to include^{the same in petitionerse-} Pattedar Pass Book incorporating in Dharani Portal and^{extend the benefitof the} Rythubandhu Scheme by deleting the name ofthe^{Respondent Nos.6 to 9}

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lA NO: 1 OF 2023

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Petition under Siection 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in sucport of the^petition, the High Court may be^pleased to^direct the Respondent nos. 1 to 5 to consider the^petitioner's mutation application^No. 22OOO35014, and No.2200035017, in respect of agriculture land Sy.No. 87781 to an extent of Ac.0.l0 gnts, Sy.No.892/B/B to an extent oI 0.17^gnts, Sy.No.910/A/1/2 to an extent of 0.17^gnts, and Sy.No.910lN2 lo an extent of 0.24 gnts, situated in Molangur Village, Shankarapatnam Mandal, Karimnagar District pending disposal of the main Writ Petition

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Counsel for the Petitioner: SRl. V V RAMANA

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Counsel for the Respondent Nos.1 to 5: AGP FOR REVENUE

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Counsel for the Respondent Nos.6 to 8: ----

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION Ito.2 626 of 2o23

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ORDER:

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. This Writ petition is filed praying this Court to declare the action of the respondents in not considering the onrine Dharani application seeking for mutation and not entered her name in Dharani^portal and not issuing digital passbook in terms of the decree, dated 06.07. I987 made in O.S.No.52 of l98Z on the file of the Subordinate Judge, Karimnagar, as illegal and arbitrary and for other appropriate reliefs.

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2 It is stated that the petitioner is the absolute owner ancl possessor of the agriculture land rn vartous survey numbers, situated at Mutharam Village, Shankerpatnam Mandal, Karimnagar District, having acquired the same by virtue of the judgment and decree in O.S.No.S2 of lgg1 on the file of the Subordinate Judge, Karimnagar and her name was entered in thg revenue records and pattadar passbook issued under the provisions of the Telangana Rights in r,and a,,d pattadar Passbooks Act, l97l. It is further stated that when the land to an extent of Ac.O. 1O guntas in Sy.No.g92/ B/B; Ac.O.17 guntas in Sy.No.9tOlA/ t/2 and, Ac.O.24 guntas in Sy.No.91Ol A/2 was illegally mutated in the name of respondent Nos.6 to g, she

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: T

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CVBR.^J 2023 WP -2526

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and^2200035017' Nos.22OOO35Oi4 made^{onlineaPPlication} dated^{14.ll2022 seeking correctionof the entries in f)haranl} petitioner^{isthat even after} Portal.^{The grievance ofthe} the^{resPondent authorities are} receiving^{the said aPPlication'} not consideril)g^{the same'}

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Considered^{the submissions of the learned counselfor the} respective^{parties and pemsed the record'}

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for^Revenue 4. trarned Assistant^{GovernmentPleader} disputed^the resPondent^{Nos l to 5has not} appearing^ftlr submission^{:f the applications by the pettttoner'}

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l,earn':d^{counsel appearingfor respondentNo (>' relying} upon^{the c()ntentsof the counter-affidavitfrled by rcspondent} No.6,^{has submitted that the father-in-law of the pctitioner- and} grandfathel^{of respondent No'6have partitioned certain lands of} their^{ancr:-"tralpropbrties uide parLiiron deedbearingNo 37 of} 1953^{ancl since the date of partition the ancestors, names of} respondenr-^{No 6 were carried on in the revenuc recordsand} therefore,^{tlrayed to dismissthe writ petition'}

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:'l _,t' il

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In^{view of the abovesubmissions'this Cour:t' without} expressinll^{any opinionon the interserights of the oarties and} since the^{case of the petitioneris that she made 1!qti""ti"1}

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-i'-'.t1:.r.r..*;.:.?jt1:,.' ,d

CVBR, J Wp 2626 2023

seeking correction of the entries in the revenue record, the ends of justice would be met, if the respondent authorities are directed to conduct an enquiry and after issuing notice to all the interested persons, pass appropriate orders in accordance with the circular instructions issued by CCLA uide circular No.1 of 2O2I, dated ls.Ot.2O2t and Circular No.1 of 2024, dated, 28.02.2024 on the application submitted by the petitioner, within a period of three months from the date of receipt of a copy of this order.

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