Allowed

Kannekanti Rajya Laxmi v. The State of Telangana

Telangana HC17 Dec 2024WP/35402/2024

Case brief

AI extract

What is this about?

Writ petition challenging the rejection of an application for name mutation in revenue records. The High Court set aside the order requiring the respondents to re-examine the application considering the petitioner's husband's pattedar passbook and issuing notice to interested persons within three months.

What did the court decide?

Order dated 24.06.2024 set aside; authorities directed to re-examine application considering husband's pattedar passbook, issue notice to interested persons, and pass a reasoned order within three mon

Kannekanti Rajya Laxmi Vs The State of Telangana — Land Acquisition | Telangana HC (2024)

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[32e6 ]

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

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TUESDAY, THE SEVENTEENTH DAY OF DECEI\4BER 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: 35402 OF 2024

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Between:

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Kannekanti Rajya Laxmi, Wo. Narsimha Murthy,^Age. 46^years,Occ. Housewife, R/o.' H.No. 3-1-17, Bharamanna Bazar,^{lVlahabubabadl\ilandal,} Ivlahabubabad District'

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...pETrroNER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary, (Revenue Department), Secretariat Building, Hyderabad.

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The District Collector, IVahabubabad, Itrlahabubabad District.

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The Revenue Divisional Officer, Mahabubabad, Mahabubabad^District.

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The Tahsildar, I\rlahabubabad, Mahabubabad District.

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...RESPONDENTS

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Petition under Article 226 of Ihe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Courtmay be} pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction, declaring the order^passed by the .3rd^{respondent daled2410612024 in} Proc.No.1/755-31712024 in rejecting the application^{filed by} the^{petitionerfor} change of name to the land in Sy.No. 1741213 to an extent^{of Ac. 0.05 gts.,and} Sy.No.17511/C/1 to an extent of Ac. 0.250^gts, and Sy.No.^{174121'1l',to an extent} of Ac. 0.1650^gts total extent 1.14^gts in^{tt/ahabubabadVillage and li/andal,} Mahabubabad District, without there being any^reason as^{illegal,arbitrary,} unlawful, and contrary to the^principles of natural^{justice consequentiallyset aside} the order dated 2410612024 in Proc.No.11755-31712024^{passedby the 3rd} respondent.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^praying that in the^{circumstances statedin} the affidavit filed in^{support of the petition, the High Court maybe pleasedto set}

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aside the order dated 2410612024 in proc.No.1/7s5-317t2o24 passed by the r respondent, during pending disposal of the Writ petition.

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Counsel for the Petitioner: SRI YADAIAH BODDUpALLy Counsel forthe Respondents: Gp FOR 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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WRIT PETITION No.354O2 of 2024 '

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ORDER:

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This Writ Petition, under Article 226 of the Constitution of

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India, is filed seeking the following relief:

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'.-..to issue a Wit of Mandamus or ang other oppropiate Wit order or directton declaing the order passed by the 3d respondent dated 24 06-2024 tn Proc.No.1/755317/2024 in rejecting the application filed bg the petitioner for change of name to the land in Sg.No.174/2/3 to an extent of Ac.O.OS gts and Sy. No.175/ 1/C/ 1 to an extent oJ'Ac.O.2SO gts and Sg.No.174/211/ 1 to an extent of Ac.0.1650 gts total extent 1.14 gts in Mahabubabad Village and Mandal Mahabubabad Distict utithout there being enA reoson as tllegal arbitrary unlawful and contrary to the principles of natural justice consequentiallA set aside the order dated 24 062024 in Proc.No.1/755-317/2024 passed by the 3d respondent and pass such other order or orders...."

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2 . Considered the submission s of the learned collnsel for the respective parties and urith their consent this writ petition is disposed of at the admission stage.

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It is stated that the petitioner's husband is the owner and possessor of the various extents of the land forming part of Sy.Nos. 174, 175 and its sub-divisions. It is further stated that after conducting al enquiry pattedar passbooks have been issued in favour of the petitioner's husband under the provisions of the Telangana Rights in Land and Pattadar

Passbooks Act, 1971 (for short "the ROR Act, 1971"1 uide passbook No.254777 and patta No.735. It is further stated that the husband of the petitioner was left the house on 14.O2.2O19 and his whereabouts are not known, she lodged a complaint and the police filed final report referring the case as "un-detected". After filing of the final report, the petitioner fiIed dharani online application seeking for mutation of her name in the revenue records and consequential issuance of e-pattadar passbook under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O (for short "the ROR Act, 2O2O"l, to enable her to receive various incentives and investment subsidy sanctioned by the government for cultivation of the land. It is further stated that the Tahsildar has submitted a report, stating that the subject land stands in the name of one Loya Purusotham. Basing on the recommendations submitted by the Tahsildar without giving an opportunity to the petitioner produce the relevant records to establish that the petitioner is the owner and possessor of the lands forming part of Sy.Nos.174 and 175 and its sub-divisions by virtue of the pattedar passbook issued in favour of her husbard under the provisions of the ROR Act,

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1971, the respondents^{have rejected therepresentation} submitted by the petitioner.^{Hence,the writ petition'}

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Learned counsel for the^{petitioner has vehemently} contended that issuance of^{e-pattadar passbooksonly} consequential act ol carrying the entries^{which havealready} been made under the^{provisions of the ROR Act, 1971,} therefore, unless and until earlier^{passbookshave been} cancelled by following the due^{procedure, the respondent} authorities are not having any^{power or authority to reject the} application submitted by the^petitioner that^{too without} assigning any valid reasons. Learned^{counselfurther} submitted that the entries made in the^{pattadar passbookare} only compilation of the survey numbers and^{the accountsfor} the extent being mentioned in a^{particular village, therefore, it} does not take away the right of the^petitioner in any^manner unless the entries in the revenue records have^{been corrected} by following due procedure.

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This Court has carefully examined the impugned order, I it does\not disclose that the respondents have^neither furnished copy of the report^of the^{Tahsildar nor considered}

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the pattadar passbook issued in favour of the husband of the petitioner. Since respondent No.3 has rejected the application of the petitioner basing on the report of respondent No.4 without assigning any valid reasons and the impugned order is not inconsonance u,ith the principles of natural justice, this Court is of the opinion that the ends of justice would be met if the impugned order is set aside and the respondents are directed to reexamine the application and duly taking into consideration of the pattadar passbook issued in favour of the petitioner's husband uide passbook No.254777 and if the petitioner is otherwise eligible to issue pattadar passbook and if the petitioner fails to fulfill the requirements of the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O, pass a reasoned order after issuing notice to all the interested persons and communicate the same to the petitioner within a period of three (3) months from the date of receipt of a copy of this order.

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With the above observations this writ petition is disposed

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of. No order as to costs.

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-1

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As a sequel, the miscellaneous petitions pending, if

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any, shall stand closed.

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SD/^. L. LAKSHMI^BABU ASSIST REGISTRAR

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//TRUE^COPY/i

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SE ION OFFICER

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to , The Principal Secretary, (Revenue Department)' Secretariat Building'

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Hvderabad,^{State of Telangana} bad, Mahabubabad^District. a-b ad^{D str c'i} 3 4 i[: The Tahsildar, fl^{1,T,i1,3",J Maha} iii : 1ilffi# #rlsg* t J{ffr

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HIGH COURT

DATED:1711212024