Mr. Potlapalli Pavan Kalyan v. The 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 2024-12-24. Mr. Potlapalli Pavan Kalyan v. The State of Telangana. Read the judgment and case details on...
Judgment text
[ 32e6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO: 36144 OF 2024 Between: Mr. Potlapalli Pavan Kalyan, S/o Potlapalli Bapu, Aged 26 years Occ. Agriculture, RIO Village Chinnabude, Mandal Mancherial District -504251 . ... PETITIONER AND 1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. 2. The District Collector, Mancherial District. 3. The Revnue Divisonal Officer RDO, Bellampalli Mandal, Mancherial 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 appropriate writ, order or orders, more particularly one in the nature of writ of mandamus to take action on applications dated 09/10/2023 and 0211212024 are applied to 3rd and 2 respondent and in not doing succession to all the 4 bothers ilegal hairs of ac 7. 19 gts in sy. No. 82, 83,7411 Nennela Shivar Mandal, Nennela District Mancherial , further it be declared that in not issuing passbooks to above land is contrary to law being arbitrary unreasonable, illegal against the interest of petitioner depriving him of their Principles of natUral right under Article 300 A and right to life under Article 21 of Constitution of lndia.
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 direct to take action on applications dated Ogt1Ot2O23 and 0211212024 are applied to 3rd and 2 respondent to issuing succession to all the 4 bothers /legal hairs ac 7. 19 gts in sy. No. 82,83,7411, Nennela Shivar Mandal Nennela, District Mancherial pending disposal of the writ petition. Counsel forthe Petitioner: SRI POCHAIAH IIORISHETTI Counsel forthe Respondents: AGP FOR ASSIGNMENT The Court made the following: ORDER I HON'BLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO. 3 6l-44 of2O24 ORDER: It is stated that the petitioner's grandfather Potlapalli Ac'7 guntas in the land admeasuring '19 Narsaiah was assigned Village' 1 situated at Nennela Shivar Sy. Nos.
82, 83 and 74/ District' It is further stated that Nennela Mandal, Mancherial was recorded as the name of the petitioner's grandfather and and pattadar passbook assignee in all the revenue records the under the provisions of title deed have been issued 1971 Land and Pattadar Passbooks Act' Telangana Rights in stated that the thereunder' It is further and the Rules made was expired on original assignee Potlapalli Narsaiah his the property was devolved upon 22. 01. 2014, thereafter, petitioner, It is further Stated that the successors-in. interest. has of the original assignee' being the successor-in-interest dated 09' 10'2O23 and 02 '12 '2024 made representations, and consequential issuance of seeking for mutation/ succession pattadar passbook under the provisions of the Telangana Rights (for short 'the ROR in Land and Pattadar Passbooks Act,2O2O is that even after Act,2O2O"l.
The grievance of the petitioner are not aPPlications, receipt of the said the resPondents considering the same. wp_36t44J024 2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage. 3. Sri D. Pochaiah, learned counsel for the petitioner has vehemently contended that the petitioner, who is the successor_ in-interest of the original assignee, in whose favour the land was allotted, is entitled for issuance of pattadar passbook, in terms of the policy enunciated by the government in G. O. Ms. No. 14O6, dated 27. 05. 1958. 4. Learned Assistant Government pleader for Assignment appearing for the respondents has not disputed that in terms of the policy enunciated in G. O. Ms. No. 1406, dated 2Z. OS. lgSg, the assigned land is heritable but the same cannot be alienateri. 5.
In view of the above submissions and since it is the case of the petitioner that he is the successor-in-interest of the original assignee is entitled for mutation of his name in the revenue records and consequential issuance of pattadar passbook, this Court, deems it appropriate to dispose of the writ petition directing the respondents to examine and consider the representations, dated 09. l0. 2O2S arrd 02. 12. 2024, submitted by the petitioner subject to the condition of the petitioner fullils l \Np-36144 2024 all the requirements for mutation and consequential issuance of pattadar passbook and duly enclosing the joint family consensus settlement among the other co-sharers in terms of Section 6 of the ROR Act, 2O2O and.
if the petitioner is not otherwise entitled for mutation and consequential issuance of pattadar passbook, the Tahsildar, Bellampalli, is directed to pass a reasoned order in accordance with law and communicate the decision thereon to the petitioner, within a period of eight (O8) weeks from the date of receipt of a copy of the order' 6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 7 As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/. A. V. S. PRASAD GISTRAR ASSISTAN //TRUE COPY// s N OFFICER To, Secretariat' Hyderabad' State 1. The Principal Secretary, Revenue Department' of Telangana' 2. The District Collector, Mancherial District' 3. TheRevnueDivisonalofficer,RDo,BellampalliMandal,MancherialDistrict. Advocate IOPUC] DORISHEfiI' 4. One CC to SRI POCHAIAH 5. TwoCCstoGPFORASSIGNMENT'HighCourtfortheStateofTelanganaat Hyderabad tOUTI 6.
Two CD CoPies BSR BS w _rl I HIGH COURT DATED: 24l,12l,2024 H oB T c s e ( ORDER o a, o a. 0 I { n25 WP. No. 361M ot 2024 c,- DISPOSING OF THE WRIT PETITION, WITHOUT COSTS w I
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