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Smt. Chakrala Pentamma v. The State of Telangana,

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2024-02-22. Smt. Chakrala Pentamma v. The State of Telangana,. Read the judgment and case details on...

Judgment text

[ 31831 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 12836 OF 2023 Between: Smt. Chakrala Pentamma, W/o: Vittal, aged about 65 years, occ. Housewife, r/o Korpal village, Pulkal Mandal, Sangareddy District. ... PETITIONER AND 1 The State of Telangana, rep. By its Principal Secretary, Revenue Department Secretariat, Hyderabad. 2 The District Collector, Sangareddy District at Sangareddy. J The Revenue Divisional Officer, Sangareddy Division, Sangareddy District. 4 The Tahsildar, Pulkal Mandal, Sangareddy District. ...

RESPONOENTS Petition under Article 226 of the Constitution of lndia 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, to declare the inaction of the respondent authorities in taking steps to include the remaining extent of land in Sy. No. 857/A, 858 and 859 situated at Korpol village, Pulkal Mandal, Sangarddy District, inspite of the written representation dl. '\4-2-2023 as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to include the left over Survey Number and the extents as per the registered Will Deed bearing Doc. No. 12 ot 1992 d1. 17-12-1992.

IA NO i1 oF Petrtion under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents herein to consider and pass orders on the representation dt.. l4_ 2-2023, pending disposat of the main Writ petition. Counsel for the Petitioner: M/S. K. JAYASREE Counsel for the Respondents: AGp FOR REVENUE The Court made the following: ORDER . ,] THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 12836 ()F 2023 ORDER:(ORAL) This writ petition is filed to declare the inaction of the respondent authorities in taking steps to include the remaining extent of land in Survey No. 857iA, 858 and 859, situated at Korpol Vitlage, Putkal Manda[, Sangaredddy District, in pattadar passbook of the petitioner, inspite of the written representation dated, 14. 02. 2023, as being illegat and arbitrary. 2.

Heard leamed counsel for the petitioner, and leamed Assistant Govemment Pleader for Revenue appearing for respondents, and perused the material available on record 3. It is the case of the petitioner. that she is the absolute owner of the lands admeasuring Acs. 6-23 guntas in Survey No. 857/A, Acs. 2-20 guntas in Survey No. 858 and Acs. 2-38 guntas in Survey No. 859, toral admeasuring Acs. l2-01 guntas situated at Korpol village, Pulkal Mandal, Sangareddy District, having acquired the same by virtue of a registered Will Deed bearing document No. 12 of 1992 dated 17'12'1992 and also there is no other legal heir and successor in interest to her mother other than the petitioner. 4. It is submitted that the entire extent of Acs'2'20 guntas in Survey No. 858 is missing in the pattadar passbook of the petitioner bearing No. T-09190230282 with khata No'374, and also in respect Survey No'857/A' Further in respect of other survey number i. e. , of Acs.

6-23 guntas, it is wrongly recorded as Acs'3-0225 guntas' Further in respect of Survey No'859/A, instead of Acs 3-28 guntas' it is wrongly recorded as Acs. 2-2250 guntas' Thus, the petitioner requesting submitted a representation dated | 4 '02 '2023 the respondent No. 4 to make correction in her pattadar passbook by including the total extent of land admeasuring Acs'12-01 guntas in the above survey numbers. The grievance of the petitioner is that despite several reminders given to respondent No 4, her representation was not acted upon and thus, she was constrained to approach this Court. J 5. Leamed Assistant Govemment Pleader for Revenue submitted that petitioner is required to submit Dharani Application tlrrough proper module for correction of pattadar passbook or revenue entries. t 6 Learned counsel for the petitioner submitted that 4 I appropriate application will be submitted by the petitioner through t proper module and directions be issued to respondent No.

4 to consider such application of the petitioner. 7. In view of the above, the writ petition is disposed of, directing the petitioner to submit Dharani Application through proper module for correction of rnissing extent of land in her pattadar passbook No. T-09 190230282 with khata No. 374. On such application being received, respondent Nos. 2 to 4 shall conduct proper enquiry with regard to inclusion of the remaining extent of land in Survey No. 857/A, 858 and 859, situated at Korpol Village, Pulkal Mandal, Sangaredddy District, in pattadar passbook of the petitioner, by issuing notice to the petitioner and all concerned/interested persons, and pass orders, in accordance with law, within a period of two (2) months from the date of such Dharani Application. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed SD/- K. AMMAJI ASSISTANTAEGPfRAR //TRUE COPY// V SECTION OFFICER To, '1 .

The Principal Secretary, Revenue Department Secretariat, The State of I elangana, Hyderabad. 2- The Diskict Collector, Sangareddy District at Sangareddy. 3. The Revenue Divisional Officer, Sangareddy Diviiion, S6ngareddy District 4. The Tahsildar, Pulkat Mandal, Sangareddy bistrict. to M/s. K. Jayasree, Advocate tOpUCI ! 9n" QQ 6. Two CCs to GP for Revenue, High Court for thA State of Telangana, at Hyderabad [OUT] 7. Two CD Copies TJ GJP s I HIGH COURT DATED:2210212024 -( .. ;- :;r t. i :: i-i], + lil' i' '. '. I ri; lii-l ORDER .. i . ::, .? \ WP. No. 12836 of 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. @o'? u' \6

Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.