Disposed

Owais Siddiqe v. The State of Telangana

Telangana HC18 Nov 2024WP/2696/2024

Case brief

AI extract

What is this about?

The High Court directed the respondent authorities to consider the petitioner's online application for correction of revenue entries under the Telangana Rights in Land and Pattadar Passbooks Act, 2020. The court ruled that if the application meets statutory and circular requirements, it must be processed, or a reasoned order communicated if rejected.

What did the court decide?

Direction to examine the application and pass a reasoned order within eight weeks if rejected.

Owais Siddiqe Vs The State of Telangana — Service and Employment | Telangana HC (2024)

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

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MONDAY, THE EIGHTEENTH DAY OF NOVEIVIBER 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 PETITION NO: 2696 0F 2024

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Between:

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Owais Siddiqe, S/o-Azeem,.aged 62 years, occ. Cultivation,F/o H.No. 4-6-9, Kumarpalli, Azeem Estate, Hanmakonda Warangal District.

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...PETITIONER

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AND

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

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2 The District Collector, Jayashankar Bhupalapalli District, Bhupalapalli. J The Revenue Divisional Officer, Bhupalapalli Division, Jayashankar Bhupalapalli District

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4 The Tahsildar, Chityala, Jayashankar Bhupalapalli District.

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...RESPONDENTS

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Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or direction or writ in the nature of Mandamus duly declaring the inaction of the 4th respondent on the on-line application vide Number. 24oo001175 dated 18.01.2024 seeking correction of revenue entries in respect of property vide an extent of Ac. 2.04 Guntas in sy No. 150/2, situated at Giddemutharam Village, chityala Mandal, Jayashankar Bhupalapalli District, as illegal, arbitrary and against the principles of natural justice and against Article 300(4) of Constitution of lndia, and consequenfly direct the 4th respondent to consider the same forthwith in the interest of justice.

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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 pleased to direct the 4th respondent to consider the on-line application vide Number. 240oo01175 dated 18.01.2024 seeking correction of revenue entries in respect of property vide an extent of Ac. 2.O4 Guntas in Sy No. 150/2, situated at

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Jayashankar^{BhupalapalliDistrict'} Giddemutharam^{Village, Chityala Mandal'} forthwith^{in the interestof justice'}

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Counsel^{for the Petitioner:SRI P' RAMA SHARANA SHARMA}

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Counsel^{forthe Respondents:ASST'GPFOR REVENUE}

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The Court^{made the following:ORDER}

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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trIRIT PETITION No.2696 of 2024

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ORDER:

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This Wrir petition is hled by the petitioner seeking following relief:

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". . . to pass an order or direction or Wit in the nature of Mandamus dulg dectaring the inaction of the 4th respondent on the on-line application uide Number: 24OO0O j j7S d.ated 18.01.2024 seeking correction of reuenue entries in respect of propertg uid.e an extent of Ac. 2.O4 Guntas in Sy No. 1 50/ 2, situated at Giddemutharam Vittoge, Chitgala Mondal, Jauashankar Bhupalapa i District, as iltegat, arbitrary and against the pinciples of natural justice and against Article 3OO(A) of Constitution of Ind.ia, and consequentra direct the 4th respond.ent to consid.er the same forthuith in the interest of justice..,,

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It is stated that the mother of the pefitioner namely, Smt. Naseerunissaa Begum, was the original owner of agricultural land admeasu ring Ac.42.25 gts, in Sy.No .lSO /2 situated at Giddemutharam Village, Chityala Mandal, Jayashankar Bhupalapalli District and after her death on 15.09 .2OO2, the petitioner along with other family members inherited the said properry and got partitioned the same amicably. It is further stated that in the said partition, the

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petitioner, bcing the sole son, r,,,as allotted Ac. 1 2.3O gts of land, while his hve sisters received their respective shares. It is the case of the petitioner that nelther his mother nor an), family members have sold any portion of the property till date but on verifying the records in the Dharani portal, it was discovered that an extent of ilc.2.O4 gts was missing from the total extent of land allottcd to him. It is further case of the petitioner that he approached thc respondent No.4 and submitted an online application vide No.240O001 i75 dated 18.O 1.2024 seeking rectification of entries in the revenue records and consequential issuance of e pattadar passbook under the provisions of the Telangana Rights in Land ald Pattadar Passbooks Act, 2O2O (for short "the ROR Act, 2O2O"). The grievance ol the petitioner is that even after receiving the said application, till date, the respondent authorities have^not taken any action.

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Considered the submissions of the^{learned counsel for} the respectrve parties and^{perusedthe record.}

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The learned Assistant Government^Pleader for^Revenue appearing for respondents has not disputed the submission of online application by the peti[ioner. [t is submitted that if the

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I I

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application submitted by the petitioner fulfils all the rcquirements of the provisions of the ROR Act, 2O2O and also the circular instructions issued by CCLA uide Circular No. 1 of 2027, dated 75.OI.2O21 and Circular No.l of 2024, dated. 28.02.2024, the respondent authorities will consider the case of the petitioner, in accordance with law.

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In view of the above submissions, this Court, without going into merits of the case, deems it appropriate to dispose of the writ petition directing the respondent authorities to examine the application vide No.240OOO1175 dated 18.01.2024 submitted by the petitioner and if the petitioner complies with all the requirements of the provisions of the ROR Act, 2O2O and also the circular instructions issued by CCLA uide Cr:cular No. 1 of 2O2I , dated 15.01.2021 and Circular No.l of 2024, d,ated 28.02.2024, the respondents shall consider the said application, in accordance with law. If the petitioner faiis to satisfy any of the requirements, the respondent authorities are directed to pass a reasoned order and communicate the same to the petitioner within a period of eight (08) weeks from the date of receipt of a copy of this order.

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With the abo',.e observations, this Writ Petition is drsposed

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of. There shall be no order as to costs.

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As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

sD/-v. K ,vlrHA

ASSISTANT REGTSTRAR

//TRUE COPY//

..,

SECTIONUFFICER

To,

The State of^{Telangana, The Principal Secretary (Revenue) Secretarjat,} Hvderabad.

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z. fie-OGtrlJtCollector,^{Javashankar Bhupalapalli District, Bhupalapalli'} 5. iii; R";"nre^{Divisionalbfficer, BhupalipalliDivision, Jayashankar}

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Bhupalapalli District

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+. ifre'fan'silOar,^{Chityala, JayashankarBhupala-palli.District'} d. o;; ctio 5*^{F. nnHaA s'HARANA SHARMA,Advo-cate tolucl} 6. ifi CCs to^{GP FoR REVENUE,HighCourt for the State of Telangana'}

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