Allowed

Polati Andalamma alias Andallu v. The State of Telangana

Telangana HC4 Apr 2024WP/8770/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mutation of her husband's agricultural land and issuance of Pattadar Pass Book. The Court held that she must file an application as per CCLA Circular No.1 of 2021 and furnish documents under Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020.

What did the court decide?

Liberty granted to petitioner to submit online application under CCLA Circular No.1 of 2021 with relevant documents to mutate her name and issue e-pattadar passbook.

Polati Andalamma alias Andallu Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[³¹⁶⁸ ]

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HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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(SPecial Original Jurisdiction)

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THURSDAY. THE FOURTH^DAYOFAPRIL TWO THOUSANO ANO^TW€NTYFOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE'K.LAKSHMAN

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IT PETITION N 770 0F

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Between

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Polati Andalamma @^{Andallu,W/o. Late Polati SeetharamaRao' Age 70 vearsOcc :Household' R/o} H.No.5-135/1 , Dandepa^{e vi age, Eiri*ihrrti,v.. rr'r'r""-ii|tljnr-arirniaDis[rict, Telanganastate.}

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.....PETITIONER

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AND

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1 . The State of^{Telangana, Rep. by its Secretary to Government' Revenue Departrnent'} Secretariat,^{HYderabad, T.S}

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The District^{Collector' HanumakondaDrstrict,Telangana State'}

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The Tahsildar,^{Elkathurlhy Mandal, Hanumakonda District' TelanganaState'}

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.....RESPONDENTS

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petilion under^pi]ticte 226 or the constitution of^{lndia prayingthat in lhe circumstances} statedintheaffidavitfiledtherewith,theHighcourtmaybepleasedtoissueawrit'orderor direction more^{particularlyone in the natureof Writ of Mandamusdeclaringthe action of the} respondentsNo'2and3innotconsideringtherepresentationdated2Ttost2o23o9lo3l2024ot lhe^{petitioner for Mutationandto issue Pattedar Pass Bookwilhregardto the agricultural land} bearing Survey^{No.115 admeasuringan area of Ac 1-2o Gts} '^{situated at Baopet Village'} Elkathurthy^{Mandal,HanumakondaOistrict, Telangana State as illegal'arbitraryand also} violationofArticle,l4andArticle3oo.Aoftheconstitutionoflndiaandconsequentlydirectthe respondenlsNo.2and3forthwithtoconsidertherepresentationdal€d2Tlosl2o23'o9n312o24 for Mutation and^{to issue pattedar Pass Books with regard to theagricultural land bearhgSurvey} No.115 admeasuring^{an area of Ac1-20Gts} '^{situated at Baopet Village' ElkathurthyMandal'} Hanumakonda^{District, Telangana State'}

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|.A.NO:1 OF²⁰²⁴

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PetitionUndersectionl5,lCPCprayingthatinthecircumstancesstaledintheaffidavit filed in suppo(^{ot the pe{ition, theHighCourtmaybe pleased to direct the respondenlsNo 2 and} 3forthwithtoconsidertherepresentationdaled2Tlosl2o23'oslo3l2o24forMutationafldto issue Pattedar Pass^{Books with regard to the agriculturalland bearing survey No'l'l5}

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admeasuring an atea of Ac:1-20 Gts. situated at Baopet Village, Elkathurthy Mandat, Hanumakonda District, Telangana State pending disposal of writ petition.

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Counsel for the Petitioner : SRI G.NATHESH REDDy

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Counsel for the Respondents : SRI SOMU SRIN|VAS REDDY, AGp FOR REVENUE

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The Court made the following ORDER

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THE HONOURABLE^{SRIJUSTICEIC LAKSHMAN}

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WRIT PETITION No .87^{70 0F 2024}

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ORDER:

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Heard Sri G.^{Natesh Reddy, leamed counsel for the} petitioners and Sri Somu^{Srinivas Reddy, learned Assistant} Government^{Pleaderfor Revenue}

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According to^{petitioner, her husband was the owner} and possessor^{of the land admeasuringAcs'1-20guntas in Survey} No.l l5 situated at^{Baopet Village, ElkaturthyMandal'} Hanumakonda District.^{He died on 25.1l'2014'Thereafter, she} filed written representation^{dated27.05-2023 and 09'03'2024 to 3d} respondent^{with a requestto mutateher name and issue e-pattadar} passbook. Having^{received and acknowledged the said wriuen} representation,^{3d respondent did not act upon the same'} Therefore the^{present Writ Petition'}

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Whereas, leamed^{AssistantGovernment Pleader for} Revenue on^{instructionswouldsubmit that petitioner herein has to} file online application^{in terms of CCLA's CircularNo'l of 2021} dated 15.01.2021^{with 2nd respondentwith a requestto mutate her}

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name in revenue records and issue e-pattadar passbook. On filing such application, 2nd respondent shall consider the same, in accordance with law.

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As discussed supra, though the petitioner is claiming that her husband was the absolute owner and possessor of the subject property, she has not filed document except Dharani status and death certificate of her husband showing that he died on 25.11.2014. However, she has to file online application in terms of aforesaid circular with 2nd respondent with a request to mutate her name in the revenue records and issue e-pattadar passbook in respect of the subject property along with all the relevant documents in terms of Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020.

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In the light of the aforesaid discussion, this writ petition is disposed offgranting liberty to the petitioners herein to submit online application in terms of CCLA's Circular No.l of 2O2t dated 15.01.2021 with 2nd respondent along with relevant documents with a request to mutate her name and issue e-pattadar passbook in respect of the subject property. On submitting the said

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online application, 2'd respondent shall consider the same, and pass

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appropriate orders strictly in accordance with law, by putting the petitioner and all affected parties on notice and affording them an opportunity of hearing. If, 2nd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to

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the petitioners and complete the said exercise within a period of

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eight (08) weeks from the date of submission of online application.

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There shall be no order as to costs.

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As a sequel thereto, miscellaneous applications, if any,

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pending in the writ petition stand closed.

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SD/-P.CH.NAGABHUSHAMBA ASSISTANT REGI

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//TRUE COPY//

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SECTION OFFICER

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To 1. The Secretary to Government, Revenue Depa(ment, Secretariat, Slate of Telangana at Hyderabad. T.S.

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2- Tlie District Colleclor,^{Hanumakonda Distrrcl, TelanganaStale'}

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i. fn" irhiiiOar,^{Elkathurthy Mandal, HanumakondaDEtriclTelanganaState'} i. iiri," cc. i"bp|or^{Revehue, Hign courttorthe stateof Telanganaat Hyderabad.[ouTl}

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One CC to^{Sri G.Nathesh Reddy, Advocate [OPUCI}

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Two CD Copbs

I I I

HIGH COURT

DATED:0410412024

ORDER

WP.No.8770 ot 2024

it\ E SrAfSf
ooqJ t7 l{N
I o€s PA,T

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DISPOSING OF THE W.P

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WITHOUT COSTS.

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Polati Andalamma alias Andallu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Polati Andalamma alias Andallu v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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