Disposed

Parvathi Mallamma v. The State of Telangana

Telangana HC19 Dec 2024WP/35748/2024

Case brief

AI extract

What is this about?

The High Court, Special Original Jurisdiction, disposed of this writ petition by setting aside the District Collector's order rejecting a mutation application. The Court directed respondents to examine the application and issue notice to affected parties.

What did the court decide?

Set aside the impugned rejection order by the District Collector and direct respondents to examine the petitioner's mutation application after issuing notice to affected parties.

Parvathi Mallamma Vs The State of Telangana — Property and Title | Telangana HC (2024)

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I^32e6l

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

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THURSDAY,THE NINETEENTH DAY OF DECEMBER 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: 357218 OF 2024

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Between:

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Parvathi Mallamma, Wo Parvathi Raju, Aged about. 37 Years, Occ. Housewife, Rl/o. H.No.4-7-4414, Kisan Nagar, Mahabubnagar district, Telangana.

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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 Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad.

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The District Collector, Mahabubnagar, Telangana.

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3 The Revenue Divisional Officer, Mahabubnagar Division, Mahabubnagar district.

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4 The Tahsildar, Mahabubnagar Urban Mandal, Mahabubnagar district, Telangana.

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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 a Writ or order, more in the nature of Mandamus, declaring the action of the Respondent No.2 in issuing Proceedings vide procgs.No.Dl i11l2O21Court Case daled 0210812024 relecting the application of the Petitioner for issue of pattadar pass book and title deed in her name in respect of Ac.2.20 gts in Sy.No.75l2 situated at Oblayapally village, Mahabubnagar mandal and district pursuant to the final decree dated 3011112021 passed by the Junior Civil Judge, Mahabubnagar in 1.A.No.313 of 2O15 in O.S.No.13 ot 2O15 as unfair, erroneous,

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illegal, opposed to the principles of natural justice and contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 and the rules framed thereunder and consequently to direct the Respondents to issue pattadar pass book and title deed in respect of Ac.2.2O gts in Sy.No.75i2 situated at Oblayapally village, lt/ahabubnagar mandal and district in favour of the Petitioner.

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lA NO:^'f OF 2024

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Petition under Sec{ion 15'l 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 Respondents to issue pattadar pass book and title deed in respect oI Ac.2.20 gts in Sy.No.75i2 situated at Oblayapally village, Mahabubnagar mandal and district in favour of the Petitioner.

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Counsel for the Petitioner: SRI CHAITHANYA K.

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Counsel forthe Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V.BHASKAR^REDDY

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WRIT PETITION No.35 74a of 2o24

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ORDER

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This writ petition is filed with the following^relief:-

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". .. [o issue a Wit or order, more in^{the nature of Mandamus,} declanng tlrc action of the^{Respondent No-2 in issuingProceedings} uirle irocgs-No.D1/ 11/2O2l'Coun^{Case dated02/08/2024} rejectitlg the application of the Petitioner for^{issue of pattadarpass} book ind titte deed tn her nlme^{inrespect of Ac.2'2O gts in} Sy.No.7S/ 2, situated at^{Obtagapollguillage,Mahabubnagar mandal} a;d distict pursuant to the final^{decreedated30.11.2021 passed} bg the Junior Civil Judge,^{Mahabubnagarin I-A.No.313of 2O15in} O.S.lVo.f 3 of 2015 as unfair, erroneous,^{illegal,opposed to the} pinciples oj natural^justice and contrary lo^the Prouisions^{of the} 'Telaigana kights in Lttnd and Pattadqr Pass Books Act, 2O2O and the rutes framed thereunder^{and consequentlyto dtectthe} Respondents to issue^{pqttadarpass book andtitle deed in respect} of Ac.2.2o gts in Sg.No.75/2^{situqted atOblagapatlg uitlage'} Mahabubnagar mandal ancl^{district in} fauour^{of the Petitione-rand} przss such other order or orders as^{this Hon'ble Court mog deem} fit and proper in the facts^{andcircumstancesof thecase"}

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Considered the submissions of^{the learnedcounsel for the} parties and with their consent^{this writ petition is disposed of at} the admission stage.

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It is stated that the^{petitionerhas instituteda suitfor} partition and separate^{possession of the land admeasuring Ac 05-} OO guntas in survey^{No.7512, situatedat OblayapallyVillage,} Mahabubnagar Mandal^{and Districtudde O.S.No.l3 of 2O15 on the} file of the Junior^{Civil Judge,Mahabubanagarand the said suit} was decreed vide^{judgment and decree dated07} '05'2015^and thereafter, petitioner^{has hled an applicationvide I.A. No 31 3 of}

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CVBR, J wp 35748 2024

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2015 in O.S.No.l3 of 2015 seeking division of the property with metes and bounds by passing hnal decree. The said application was allowed by the Court belorv vide its order dated 30.11.2O21 and therezrfter an Advocate Commissioner was appointed for division of the property and an extent of Ac.O2_2O gunta-s has been allotted to the petitioner from the suit schedule properry forming part of survey No.75/2. Thereafter, the petitioner has made an application belbre the revenue authorities as per the provisions of the ROR Act, '2O2O for mutation and consequential issu:rnce of e_ pattdar passbooks.

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The grie,zance of the petitioner is that respondent No.2 _ District Collec:trrr, Mahabubnagar without taking into consideration of the final clecree proceedings, wherein the property has been divided and allrttted share to the petitioner by metes anci bounds and the petiti.ner is encitled for mutation of the rrnal decree proceedings anrl consequential issuance of e-pattadar passbooks, has erroneousl.y rejected the application of the petitior_rer vide proceedings No. D 1/ lL/2O2l-Court Case, dated O2.Og.2O2a.

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.^{ThisCor-rrt has carefullyexaminedthe impugned} pro<:eedings issued by thc District Collector. The application submitted by the petitioner seel.:ir-rg implementation of the finar decree h.s been rejected stating r_hat basing on the report submitted by responclent

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CVBR'^J \vp 357⁴⁸ -2024

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Nos.2 and^{3, that the survey numbersof the subject land were} recorded in^{the name of third parties who are not partiesto the} firnal decree

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tt is settled^{law that the personsaggrievedwith action of the} revenue^{authorities either for mutation or consequentialissuance} of the^{e-pattadarpassbooksor seekingcorrectionof the entries in} the revenue^{records are havingright to institute a comprehensive} civil suit.^{Admittedly,inthis case disputingthe right and} entitlement,^{the petitionerhas instituted the suit for partition and} separate^{possession,whereininitiallypreliminarydecreehas been} granted and^{subsequently in I'A'No 313 of 2Ol5 a finaldecreehas} been^{granted effecting the division of the propertywith metes and} bounds^{and as such,the authoritiesare conferred with powerto} mutate^{the name of the petitionerin the revenue recordsstrictlyin} terms^{of the lrnal decree proceedings. However,merely basingon} the report^{of respondent Nos'2and 3 that third party namesare} recorded^{in the revenuerecords'the District Collector has passed} the impugned^{order rejecting the applicationof the petitionerfor} mutation.^{Since, theimpugned rejection order is notin} accordance^{with the provisions olthe ROR Act or as per the} it is liable^{to be} of the^{TelanganaLandRevenue Act,} provlsrons set aside.

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CVBR, J \Yp _35748 2024

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Therefore, the Writ Petition is disposed of by setting aside the impugned orrler and by directing the respondents to e.\amine the application srrbmitted by the petitioner seeking mutation of her name in thc: revenue records, after issuing noticc to tl.re persons who are affected by the said implementation of the Court decree, strictly in act:ordance with the guidelines issued by tl,re Hon,ble Full BenclL of this Court in the case of Chinnam Pandurangam us. Mandal Reaenue OlJicer, Serilingampallg Mand.al q.nd. othersl- No order as to c,lsts.

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As a sr:c1uel, the miscellaneous petitions, if any, pending in

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this writ petit.ion shail stand closed.

1 AtR zooa ap ts

To,

//TRUE COPY//

Sd/. A. SR]NIVASA REDDY ASS GISTRAR EC OFFICER