Disposed

Sushank Verma v. State of Telangana

Telangana HC20 Mar 2024WP/7265/2024

Case brief

AI extract

What is this about?

Petitioners sought direction to revenue authorities to consider their pending Dharani application for incorporation of names in revenue records, e-pattadar passbook issuance and deletion of their land from the prohibited properties list. The Court disposed of the petition directing respondents 2 to 4 to act on the application within 45 days.

What did the court decide?

Respondents 2 to 4 directed to consider the Dharani application and pass orders in accordance with law within 45 days; no costs.

Sushank Verma Vs State of Telangana — Property and Title | Telangana HC (2024)

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[³¹⁸³ ]

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

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WEDNES.DAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FOUN'''-''

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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wRt T PETTTI ON NO: 726s O F 2024

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Between:

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Sushank Verma, S/o. A.K Verma, aged 44 ly9;^{H.No63_596/47ltu13,} Anand Nagar trxrenston, -ygars.,^Occ. Khairatabad^Business, Hyderabad_ S00 004.

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Sunali Verma, D/o. O * ^y:lT?,^{aged 48. years, Occ. Business,Rt/o.H.No.6_}

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3-s96t4ilAt13, Anand Nagar Exlention, k#;;i;;;, Hyderabad_ soo 004

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Ms. Ruchita, S/o. La1 " flilf ,;): fd SSef,iE, Y' X; HE' i,%Xl,,0. JE,!l; "^{3".^n j i,l,if;i;}

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4 SC. Wadhawan, S/o.Late S.D. Rai, aged 78_ years, Occ. Business Anand

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lYo;^{H.No.Gs_596/47lA/13,} Nagar Extension, KhairataOaA' Hyoerabad- S00 004.

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AND

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...PETITIONERS

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bv its Principal secretary, Revenue Department,

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3ili?i"t lili?f,ilrh!,?t

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2 The District Collector, Medchal-Malkajgiri District.

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3 Divisionat Officer, Medchat_Matkajgiri Mandat, Medchal-Malkajgiri BByr"#"

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4 The Tahsildar, Medchal-Matkajgiri Mandat, Medchal_Matkajgiri District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order or direction, more particurarry one in the nature of writ of mandamus' declaring the inaction of respondents in not issuing e-pattadar pass book and ti,e deeds to the petitioners inter aria not amending the entries in Dharani Po(al by incorporating the names of petitioners against the revenue records for the rand admeasuring Ac.0-25 guntas in sy.No.170l6/D situated at

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Mallampet ViIage, euthbu[apur Mandar, Medchar Markajgiri District and not removing the aforesaid property from the prohibitory list despite the expricit order passed by this Hon'bre court vide dated. 01.04.2022 in w.p.No.162rs of 2022 thereby depriving Petitioners' right to enjoy the property which is subject matter of this writ petition, as arbitrary, ilegar, deriberate dereriction of duty and vioration of the Fundamentar Rights of the petitioner, more particurarry Articre 14, Articre 21 and Article 300-4 of the constitution of rndia and consequenfly direct the respondent No.2 to immediatery forthwith issue e-pattadar pass book and tifle deeds to the petitioners. amend the entries in Dharani portar by incorporating the names of Petitioners against the revenue records for the rand admeasuring Ac.o25 guntas in sy No.'r 70/6/D situated at Mailampet vilrage, euthbuilapur Mandar, Medchal Malkajgiri District inter aria removing the property from prohibitory rist.

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1A NO: 1 OF 2024

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Petition under Section 1 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to restrain the respondents from interfering with the peacefur possession and enjoyment of the property admeasuring Ac.0-25 guntas in sy.No..1 70l6/D situated at Mallampet Vi,age, euthbuilapur Mandar, Medchar Markajgiri District ra*uily belonging to petitioners inter aria not to changeiarter/amend/modify the revenue records pertaining to the aforesaid property, pending disposar of the above writ petition pending disposal of the above writ petition.

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Counsel for the Petitioners: SRI K CHENCHURAMI REDDY

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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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HONOURABLE SRI JUSTICE B. VIJAYSEN R.EDDY

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WRIT PETITION No.7265 OF 2024

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RDER: (oRAL)

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This writ petition is filed by the petitioners seeking to declare action by respondent Nos.2 to 4 in not considering their Dharani application No.2300157007 dated, 19.10.2023 for incorporating petitioners' names in revenue records (Dharani portal), for issuance e-pattad,u passbook in respect of their tand admeasuring Ac.0-25 guntas in Survey No.l70l6/D situated at Mallampet Village, Quthbullapur Mandal, Medchal Malkajgiri District, and for deletion of same from the Prohibited Properties List, as being illegal and arbitrary.

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Heard Mr. K.C. Reddy, leamed counsel for the petitioners; and learned Assistant Government Pleader for Revenue appearing for respondents, and perused the material on record.

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Learned counsel for the petitioners submined that petitioner

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Nos.l and 2 and petitioner Nos.3 and 4 are absolute owners and possessors of the land admeasuring Ac.0-12.5 guntas each, total admeasuring Ac.O-25 guntas in Survey No. 170/6/D situated at

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Mallampet Village, Quthbullapur Mandal, Medchal _ Malkajgiri District, and both the lands are contiguous to each other. Petitioners have jointly purchased the land admeasuring AI.0_ZS guntas in Survey No.l70l6/D under registered sale deeds bearing document Nos.2728 of 2007 dated 0g.02.2007 (admeasuring Ac.0-12.5 guntas) and 2727 of 2007 dated OI.O2.2OO7 admeasuring Ac.0- 12.5 guntas) from the previous owners i.e., Mr. Manthena Satyanarayana Raj u and Mr. Datla Krishnam Raju. Since, the execution of sale deeds, petitioners are in peaceful possession and enjoyment of the subject land. The names of the petitioners were mutated in the revenue records vide proceedings No.B/l 280/20 I 5 dated 3 1.08.201 5.

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Learned counsel for the petitioners further submitted that petitioners submitted online applications No.LM2 I 00053 l 2g and LM2100053 140 for issuance of e-pattadar passbook and deletion of same from the prohibited properties list in respect of the subject land. However, their applications were not entertained, as such, they filed W.P. No.16275 of 2022 which was disposed of by this Court on 01.04.2022 directing respondent No.2 therein to consider

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the petitioners' applications and pass orders, within a period of two

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(2) months from the date ofreceipt ofa copy ofthat order.

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Leamed counsel for the petitioners also submitted that respondent No.2 has not passed any ord€rs pursuant to the order dated 01.04.2022 passed by this Court in W.P. No.16275 of 2022. On being advised, petitioners submitted online application bearing No.2300157007 dated 19.10.2023 for incorporating their names in revenue records (Dharani portal), for issuance of e-pattadar passbook and for deletion of subject land from the prohibitory properties list. Grievance of petitioners is there is delay on the part of respondent authorities in processing their application, as such, they are constrained to approach this Court.

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Leamed Assistant Govemment Pleader for Revenue, appearing for respondents submitted that appropriate action will be taken on the Dharani application of the petitioners, in accordance with law

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Recording the aforesaid submission of the leamed Assistant

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Govemment Pleader for Revenue, without going into the merits of

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the case, the writ petition is disposed of directing respondent Nos.2 to 4 to consider petitioners' Dharani application No.2300157007 dated 19.10.2023 for incorporating petitioners' names in revenue iecords (Dharani portal), for issuance e-pattadar^{passbook in} respect of their land admeasuring Ac.0-25^guntas ln Survey No.170/6/D situated at Mallampet Village, Quthbullapur Mandal, Medchal Matkajgiri District, and for deletion of same from the Prohibited Properties List, by issuing notice to all concemed/interested persons, and pass orders, in accordance with law, 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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SD/.V.KAVITHA ASSISTANT REGIST R //TRUE COPY//

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To,

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SECTION OFFTCER

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The Distrigt Collector, J\redchal-Malkajgiri District. , Lliv.sionat Offtcer, Medchat_Matkajgiri Mandat, Medchat_Matkajgiri Eisyr"#"

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The Tahsildar, Medchal-Malkajgiri Mandat, Medchal_Matkajgiri District. 4 . 9n" 9Q to Sri K. chenchuraniiRgdqt,-air;;;i;iijFUdi- -'-"'"' 5. rwo CCs to Gp for Revenue, righ-C5lrti;,it#'!fuI; ofietangana, at Hyderabad [OUTI6. Two CD Copies TJ GJP

HIGH COURT

DATED:2010312024

ORDER

WP.No.7265 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Sushank Verma v. State of Telangana

Case brief

What is this about?

What did the court decide?

Sushank Verma v. State of Telangana

Case brief

What is this about?

What did the court decide?

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