Disposed

Kongari Sathaiah, v. The State of Telangana

Telangana HC27 Nov 2024WP/33211/2024

Case brief

AI extract

What is this about?

Petitioner sought recording of his name in the Dharani Portal and issuance of a new e-pattadar passbook for agricultural land in Dhannaram Village, Ranga Reddy District, despite earlier mutation proceedings and pattadar passbook. The High Court disposed of the writ petition at admission stage, directing respondents to examine the online application and issue e-pattadar passbook within two months i

What the court decided

AI extract

Kongari Sathaiah, Vs The State of Telangana — Property and Title | 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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WEDNESDAY, THE TWENTY SEVENTH 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 PETITION NO: 33211 OF 2024

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Between:

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Kongari Sathaiah, S/o. Late K. Jangaiah, Aged about 53^years, Occ Agriculture, RYo. H.No. 1-102, Dhannaram Village, Kandukur Mandal Pulimamidi Ranga Reddy District - 501359.

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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 Department, Secretariat Buildings, Hyderabad.

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The District Collector, Kandukur, Ranga Reddy District.

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The Revenue Divisional Officer, Kandukur Mandal, Ranga Reddy District

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The Tahsildar, Kandukur Mandal, Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India^praying that in the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the action of^respondent authorities in not^processing the application^bearing No.^{24000499861Dt.} submitted by the^petitioner for record his name in Dharani Portal^{and issuednew} pattedar passbook in respect of agricultural land to an extent of Ac. 2.12^gts in Sy. No. 23lE of Dhannaram Revenue Village,^{Kandukur Mandaland Ranga} Reddy District inspite of mutation^{proceedingsissued} in^{his favour and old.} pattedar passbook and title deed bearing No. 665714 Khata No. 245 is existing in his favour, as illegal, .arbitrary and unconstitutional^{and also against the principlgs} of natural^justice and against the Record^{of RightsAct} and^{consequelltlydirect} the respondent authorities to act^{on the onlineapplication bearing No.}

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24000499861 Dt. submitted by the petitioner for record his name in Dharani Portal and issued new pattedar passbook in respect of agricurturar rand to an extent of Ac- 2.12 gts in sy. No. 23lE of Dhannaram Revenue viilage, Kandukur Mandal and Ranga Reddy District and affect the change of record in Dharani portal and issue Terangana pattedar passbook to the petitioner in respect rand.

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lA NO: 1 oF 2024

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Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rnay be pleased to direct the respondent authorities to act on the onrine apprication bearing No. 24000499861 Dt. - submitted by the petitioner for record his name in Dharani Portar and issued new pattedar passbook in respect of agricurturar rand to an extent of Ac. 2.12 gts in Sy. No. 23lE of Dhannaram Revenue Village, Kandukur Mandal and Ranga Reddy District and affect the change of record in Dharani portal and issue Telangana pattedar passbook to the petitioner in respect land.

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Counsel for the petitioner : SRI M.SALEEM

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Counsel for the Respondents: AGp FOR REVENUE

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IVRIT PETITION No. 3321\ of 2o24

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ORDER:

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It is stated that the petitioner is the owner and possessor of agriculture land admeasuring Ac.2.l2 guntas in Sy.No.23/E situated at Dhannaram Revenue Village, Kandukur Mandal, Ranga Reddy District, having succeeded the same from his father. It is further stated that after the death of his father, succession enquiry was conducted granting Pouthi Izafa and the property was mutated in the name of the petitioner uide Proceedings No.B/ l3O7 /2013, dated O3.O3.2O 14. It is further stated that the revenue authorities also issued pattadar passbook and title deed No.665714, Khata No.245 in his favour under the provisions of the Telangana Rights in I-and and Pattadar Passbooks Act, 1971 and the Rules made thereunder. It is further stated that while updating the records as per the provisions of the Telangana Rights in Land and pattadar Passbooks Act,2O2O (for short "the ROR Act, 2O2O") the entries were carried on in Darani Portal in the name of his deceased father without taking into consideration of the pattadar passbook issued in favour of the petitioner. Therefore, the petitioner has submitted online application No.240OO49986 seeking data correction and for consequential issuance of e-pattadar passbook in his favour as per

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CVBR, J wp 33211 2024

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the provisions of the ROR Act, 2O2O. The grievance of the petitioner is that even after receiving the said application, the respondents are not considering the same so far.

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?. Considered the submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage.

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Learned Assistant Go'iernment Pleader for Revenue appearing for the respondents has not disputed the sanction of Pouthi lzafa in favour of the petitioner ulde proceedings No.Bll3O7 /2013, dated 03.03.2014 and issuance of pattadar passbook as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971. karned Assistant Government Pleader further submits that if the petitioner's application is complied with all the requirements of th-e ROR Act, 2O2O and also the circular instructions issued by tlrre CCLA uide Circular No.l/2O21, dated l5-Ol-2O2L and Circular No.L/2024, dated 24.02.2024, the same would be considered in accordalce with law.

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In view of the above submissions, this Court deems it appropriate to dispose of this Writ Petition directing the respondent authorities to examine the application No.240OO499861 submitted

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CVBR,^J Wp_3321l_2024

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by the^{petitionertaking into considerationof the pattadar} passbook No.665714,^{Khata No.245 issued earlier to the petitioner} and carry^{out necessary entries and to issue e-pattadarpassbook'} if the petitioner^{is otherwiseentitledand the application submitted} by the^{petitionerfullils all the requirementsin law' within a period} of two^{(02) months from the date of receipt of a copy of this order'}

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5 With the above^{observations,this Writ Petitionis disposed of'} There shall^{be no order as to costs'}

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6 As a sequel,^{the miscellaneouspetitions pending'if any'} shall stand^closed.

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SD/.V.HARI^P AD ASSISTANT GI RAR

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To,

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//TRUE COPY//

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SECTION^OFFICER