B . Krishna Rao v. State of Telangana,
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-20. B . Krishna Rao v. State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO: 35894 oF 2024 Between: E, Klshna Rao, S/o. B. K. V. Subba Rao, aged 56 yrs. , Occ. Business, R/o. Flat No. 302, Plot No. 128, 129, Sai Krishna Brinddvanam, Chandu Layout, Pragathi Nagar, Beside Nizampet, Hyderabad - 5OO 090. ... PET|T|ONER AND 1. State of Telangana, Rep. by its Principal Secretary, Revenue Depaitment, Secretariat, Hyderabad. 2. The District Collector. Ranoa Reddv District. 3. Mandal Revenue Officer, Itloinabaci Mandal Ranga Reddy District. ... RESPONDENTS 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 a Writ of Mandamus or any other appropriate writ, order or direction, declaring the action of respondent No.
2 in rejecting the petitioners online . 15-09-2023 application No. 2200020149 vide endorsement message dated without assigning any reasons and stated as it is cancelled as per CCLAas illegal, arbitrary, unconstitutional and without jurisdiction and set aside endorsement message dated 15-09-2023 and further direct the respondent No. 2 to consider the application of the petitioner vide No. 2200020149 dated 17-05-2022 and rectify the error by deleting that the land is a Lavuni Patta land. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant lnterim Direction directing the respondent No. 2 to consider the petitioner,s application No. 220O020149 dated 17 -05-2022 pending disposal of the writ petition. Counsel for the Petitioner: M/s CHENNABOINA SHRAVANT Counsel for the RespondentslGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C. V.
BHASKAR REDDY WRIT PETITION No. 35894 of 2024 ORDER This writ petition is filed with the following rel ef:. ''.. -to issue a Writ of Mandamus or anA other appropial,z utit, order or direction, declaing tlle action of respondent No. 2 in 'ejecting the petitioner's online application No. 22 00O2 O 1 4 9 uide ( ndorsement messoge dated 15-O9 2023 txithout assigning ang reasons and stated as i is cancelled as per CCLA as ilLegal, orbitrary, unconstttutional and uithout juri,sdiction and sel aside r. ndorsenlent messoge dated 15-O9-2O23 and furtler direct the respondent No. 2 to consider the application of the petitioner uide No. :,'2OOO2O149 dated 17 OS 2022 and rectify the eror bg deleting that lhe lattd ts a Lavuni Patta land and pass such other order or orders nLay deem lit and proper tn the circunlstances of tLrc case' 2. Considered the submissions of the learned oounsel for the parties and with their consent this writ petition is disposed of at the admission stage. 3.
It is stated that the petitioner is the pattadar and possessor of the agricultural land to an extent of Ac. O 1-00 gr rntas in survey No. 99 12, situated at Venkatapur Village of Moinabad Mandal, having purchased the same under registered serle deed dated 1 1. O7. 2OO5. It is stated that the petitioner's nilme has been recorded in the revenue records as pattadar and also issued pattadar passbooks and title deeds under the provisions of the ROR Act, 1971. It is further stated that when he made an application for issuance of e-pattadar passbooks as per the provisions of the ROR AcL,2O2O, the authorities have classified the wp 35894 2024 nature of the land as Lavuni Patta. It is stated that in all the revenue records from Sethwar to Kasra pahani and Sessala pahani, the nature of the iand has been depicted as patta land, therefore, the petitioner purchased the land under a registered sale deed.
Without taking into consideration of the entries made in existing record, When the respondents have classified the nature of the land as Lavuni Patta, he was constrained to submit an application vide application No. 22OOO2O 149. 4. The grievance of the petitioner is the respondents without taking into consideration of the entries made in revenue records, have rejected the application submitted by him without assigning any reasons. 5. This Court has carefully examined rejection orders passed by the respondents. Except stating that the application of the petitioner has been rejected, no reasons whatsoever have been assigned. The orders passed by the respondent authorities without assigning any reasons are in violation of principles of natural justice. 6. Accordingly, the impugned rcjection order dated 15. 09.
2023 is set aside directing the respondents to re-consider the application submitted by the petitioner duly taking into consideration of the wp-35894_2024 entries made in earlier revenue records and pass a t-easoned order and communicale the reasons thereon to the petitioner, within a period of three months from the date of receipt of a copy of this order. 7 With the above observations, the writ petition is disposed of No order as to costs As a sequel, the miscellaneous petitions, if arry, pending in this writ petition shall stand closed. SD/-A. SRINIVASA REDDY / I ASSISTANT REG 6rnen / //TRUE COPY// \ SECT]ON OFFICER To 1 Principal secretary, Revenue Department, secretariat, Hvderabad, state of Telangana. 2 The District Collector. Ranga Reddy District. 2 Mand-al Revenue Officer, Moinabad Mandii Ranga Reddy District. 4 one cc to M/s GHENNABoINA SHRAV-ANI:A;V;. ;il tcipu-Ct-' 5 Two ccs to Gp FoR REVENUE,-Hish colii i;;ih; Siaie ofEransana, at Hyderabad. [OU1-l 6 Two CD Copies PSK.
BS w / HIGH COURT DATED:2011212024 ORDER e 9TAr€ 1 Q, ,t: ( WP. No. 35894 of 2024 o t([$, 2[25 0 4 o t.. t D55pp1c- DISPOSING OF THE WRIT PETITION WITHOUT COSTS o*6& ,&
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