Disposed

Mohd.Khaja v. The State of Telangana

Telangana HC2 Feb 2024WP/2638/2024

Case brief

AI extract

What is this about?

Petitioners sought directions to revenue authorities to record their names in the Dharani portal and issue e-pattadar passbooks for ancestral agricultural land, based on an unprocessed Dharani application. The court, without examining merits, directed respondents 3 and 4 to consider the application and pass orders within forty-five days after notice.

What did the court decide?

Respondents 3 and 4 directed to consider the Dharani application dated 01.02.2023, issue notice, and pass orders in accordance with law within 45 days; no costs.

Mohd.Khaja Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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[³¹⁸³ ]

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IN THE 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 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:2638 OF 2024

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Between:

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'1 . Mohd.Khaja, S/o Mohd.Basheeruddin, aged about 66 years, Occ . Retired Government Servant, No. 12-2-389/4/139, Mahavirnagar, Mehdipatnam, Hyderabad-500 028.

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Mohd.Saleem, S/olvlohd. Basheerudd in, aged about 64 years, Occ . Business, R/o.'17-9-385, Chawni, Yakutpura, Hyderabad.

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Mohd.Hafeez, S/o Mohd. Basheerudd in, aged about 62 years, Occ. Business, Presently residing in H.No. 8-44311, Pahadi Shareef, Ranga Reddy District.

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tvlohd.Azeem, S/o tVohd. Basheeruddin, aged about 50 years, Occ. Business, Presently residing at H.No. 16-6-252, Osmanpura, Noorkhan Bazar, Hyderabad. lr

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Mohd.Abdul Kare6m, S/o Mohd. Basheeruddin, aged about 70^years, Occ^. Retired Government Employee, Fi"/o. H.No. 18-'13-8iJl45, Jahangeerabad, Bandlaguda, Chandrayangutta, Hyderabad-500 005.

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...PETITIONERS

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AND

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1 The State of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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2 The Chief Commissioner of Land Records, Telangana Nampally Station Road, Hyderabad.

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The District Collector, R.R Dist. at Kongara Kalan.

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The Tahsildhar, Chevella fVlandal, Chevella, R.R^Dist.

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The Assistant Director of Survey, R.R. Dist [n^{the District CollectorOffice} Complex RR Dist. at Kongara Kalan

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...RESPONDENTS

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llI' Petition under Article 226 of the Constitution of lndia^praying that in the li circumstances stated iii the affidavit filed therewith, the High Court may be pleased to issue a writ, d rder or direction more in the nature of Writ of^[Vandamus, declaring the action of the respondents in not recording the names of the rl

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ii fl tl I il

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petitioners herein as pattedaars of land in survey Nos 157 lA3, extent being 0.08 guntas , 157lAa4 extent being 0.08 guntas, 1671 Aa3 extent being 0.023 guntas, 167/a4 extent 0.22 guntas, and 1571 Aa extent being 0.23 guntas situated in Aloor -ll Village, chevella Mandal R.R. Dist. ln the dharani portal in the name of the petitioners herein and issue e-passbooks to the petitioners herein forthwith and consequently direct the 3rd and 4th respondents to enter the names of the petitioners herein in Dharani Portal according to their share in the ancestral lr property.

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lA NO: 1 OF 2024

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Petition under ar[. ion 151 CPC praying that in the circumstances stated in lr the affidavit filed in suflport of the petition, the High court may be pleased to direct the respondents ribt I to allow any transactions by any person with regard to the property in survey No's 157 /A3, extent being 0.0g guntas , 1s7lAa4 extent being 0.08 guntas, 1671 Aa3 extent being 0.023 guntas, 167ta4 extent O.22 guntas, and 1571 Aa extent being 0.23 guntas situated in Aloor _ll Village, chevella Mandal R-R. Dist. and by conducting the survey under taken in the matter as otherwise the petitioners would be put to irreparable loss and grave suffering.

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Counsel for the Petitioner : SRt K.ANANTHA RAO

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Counsel for the Resporidents: ASST. Gp FOR REVENUE lt The Court made the follbwing: ORDER rll

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lt ft I I I

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THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.2638 OF 2024

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ORDER (oRAL)

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This writ petition is filed by the petitioners seeking to declare the action by respondent Nos.3 and 4 in not considering their Dharani application bearing No.2300027632^dated 01.02.2023 for incorporating their names in^{the revenue records} (Dharani portal) and for issuance of e-pattadar passbooks ln respect of their lands admeasuring Ac.0-08^{guntas,Ac.0-08guntas,} Ac.0-023 guntas, Ac.0-22 guntas and^{Ac.0-21guntas in Survey} Nos.157lA3, 1571Aa4, 167lAa3, 16'71a4 and^{157 lAa respectively} situated at Aloor - II Village, Chevella^{Mandal, RangaReddy} District, as being illegal and arbitrary.

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Heard Mr. K. Anantha Rao, leamed counsel lor the petitioners, leamed Assistant Govemment Pleader for^Revenue appearing for respondents, and^perused the^{material on record.}

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Learned counsel for the^{petitioners has submitted petitioners} are the owners of the lands admeasuring^{Ac.0-08 guntas, Ac.0-08} guntas, Ac.0-023 guntas, Ac0-22^{guntas and Ac.0-23 guntas in}

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Survey Nos.t57lA3, l57lAa4, 1671Aa3, 167la4 and l5llAa respectively situated at Aloor - II Village, Chevella Mandal, Ranga Reddy District, having acquired the same by inheritance from their ancestors. Petitioners have filed application for Survey and demarcation of the subject tand. The revenue authorities fixed the date of Survey AS 21.03.2023, however the Survey was not conducted on the said date

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Learned counsel for the petitioners further submitted that petitioners have submitted online application bearing No.2300027632 dated 01.02.2023 for issuance of e-pattadar passbook ln respect of the subject land. However, there is inordinate delay on the part of respondent authorities in processing the online applications of the petitioners, as such, they ate constrained to approach this Court.

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Learned Assistant Government Pleader for Revenue appearing for respondents has submitted that appropriate action will be taken on the Dharani application of the petitioner, ln accordance with law.

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Recording the aforesaid submission of the leamed Assistant

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Government Pleader for Revenue, without going into the merits ol the case, the writ petition is disposed of directing respondent Nos.3 and 4 to consider petitioners' Dharani application bearing No.2300027632 dated 0l .02.2023 for incorporating their names in the revenue records (Dharani portal) and for issuance of e-pattadar passbooks in respect of their lands admeasuring Ac.0-08 guntas, Ac.0-08 guntas, Ac.0-023 guntas, Ac.0-22 guntas and Ac.0-23 guntas rn Survey Nos.157lA3, l57lAa4, 167lLa3, 1671a4 and 157lAa respectively situated at Aloor II Vittage, Chevella Mandal, Ranga Reddy District, by issuing notice to all concemed/interested persons, and pass orders, in accordance^with la"v, within a period of forty five⁽⁴⁵⁾ days from the date of receipt ofa copy of this order. There shall 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/.N.CHANDRA SEKHAR RAO ASSISTANT VREGISTRAR //TRUE COPY/I /u-SECTIdN OFFICER

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To, '1 . The Principal Secretary, Revenue Department, Secretariat, State of Telangana, Hyderabad. 2. The Chief Commissioner of Land Records, Telangana Nampally Station Road, Hyderabad.

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The District Collector, R.R Dist. at Kongara Kalan. 4q The Tahisildhar, Chevella Mandat, Chevetla, R.R Dist. The Assistant Director of Survey, R.R. Dist ln the District Collector Office Complex RR Dist. at Kongara Kal-an 6 One CC to SRI K.ANANTHA RAO, Advocate. tOpUCl 7 Two CCs to ASST. GP FOR REVENUE,-H|gh bourt for the State of Telangana at Hyderabad. [OUT] o Two CD Copies. BSK SB tItt

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HIGH COURT l l

DATED:0210212024

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ORDER

ii WP.No.2638 of 2 024

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DISPOSING OFiTHE WRIT PETITION WITHOUT COSTS

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Mohd.Khaja v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mohd.Khaja v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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