Akula Balchandraiah v. The State of Telangana and 3 others
Court: High Court for State of Telangana
Bench: SHAMEEM AKTHER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-07. Akula Balchandraiah v. The State of Telangana and 3 others. Read the judgment and case details...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) MONDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 21479 OF 2020 Between: 1. Akula Balchandraiah, S/o. Akula Vankatramulu, Aged about 56 years, Occ. Agriculture, Lalkota Village, Chinna Chinthala Kunat Mandal, Mahabubnagar District, Telangana State. 2. Akula Sathyanna, S/o. Akula Vankatramulu, Aged about 56 years, Occ. Agriculture, Lalkota Village, Chinna Chinthala Kunta Mandal, Mahabubnagar District, Telangana State. ... PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Depa(ment, Secretariat, Hyderabad, Telangana State. 2 The Collector, [t4ahabubnagar District, Telangana State. 3 The Revenue Division Officer, Ir,4ahabubnagar, [Vahabubnagar District, Telangana State. 4 The Tahasildhar, Chinna Chinthakunta Mandal, Mahabubnagar, Mahabubnagar District, Telangana State. ...
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, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in not considering representation submitted by the petitioners on 26109/2020 for mutating the names in Revenue Records and for the issuance of the Pattadar Passbooks in the place of old Pattadar passbooks of the land in survey Nos. 16/E and 14lEE admeasuring AC.
1-39 guntas situated at Lalkota Village, Chinna ChinthalaKunta Mandal, Mahabubnagar District, Telangana State, is illegal, arbitrary, unconstitutiona l, contrary to law and against the principals of natural justice and consequently direct the Respondents to consider the Representation submitted by the petitioners on 26-09-2020 for mutating the petitioners name in the Revenue records and issuance of the Pattadar passbooks in the place old pattadar passbooks for the land in survey no. s. '16/E and 14tEE admeasuring AC. 1-39 guntas situated at Lalkota Village, Chinna ChinthalaKunta Mandal, Mahabubnagar District, Telangana State.
lA NO: 1 OF 2020 Petition under Section 15'1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to consider the Representation submitted by the petitioners on 2610s12020 for mutating the petitioners name in the Revenue records and issuance of the Pattadar passbooks in the place old pattadar passbooks for the Iand in survey no. s. 16/E and 14lEE admeasuring AC. 1 -39 guntas situated at Lalkota Village, chinna chinthala Kunta Mandar, rr,4ahabubnagai District, Terangana state, p"noing disposal of the Writ Petition. Counsel for the Petitioners: SRI R. A. CHARY Counsel for the Respondents: AGp FOR REVENUE The Gourt made the following: ORDER THE HON,BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No. 21479 of 2O2O ORDER: This writ petition, under Article 226 of the Constitution of India, is filed by the petitioners, wherein, the following prayer is made. "...
,to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in not considering representation submitted by the petitioners on 26. 09. 2020 for mutating the names in Revenue Records and for the issuance of the Pattadar Passbooks in the place of old Pattadar passbooks of the land in Survey Nos. 15lE and L4/EE admeasuring Ac. 1-39 guntas, situated at Lalkota Village, ChinnaChinthalaKunta Mandal, Mahabubnagar District, Telangana State, is illegal, arbitrary, u nco nstitutio na l, contrary to law and against the principles of natural justice and consequently direct the Respondents to consider the Representation submitted by the petitioners on 26-09-2020 for mutating the petitioners name in the Revenue records and issuance of the Pattadar passbooks in the place old pattadar passbooks for the land in Survey Nos.
16/E and 14lEE admeasuring Ac,1-39 guntas situated at Lalkota Village, ChinnaChinthalaKunta Mandal, Mahabubnagar District, Telangana State and pass such other order or oders,. ," 2. Heard the learned counsel for the petitloners and the learned Assistant Government Pleader for Revenue appearing for respondents and perused the record. 3. The learned counsel for the petitioners would submit that petitioners are the owners and possessors of agricultural land admeasuring Ac. l-39 gts in Sy. Nos. 16/E and 14lEE situated at Lalkota Village, Chinna Chinthakunta Mandal, Mahabubnagar District,havingacquiredthesamefromtheirfather-lateAkula Venkatramulu. It is further submitted that the name of the petilioners' father was recorded in the revenue records and was also issued pattadar passbook and title deeo in respect of the subjectland. Afterthedemiseoftheirfather,thepetitioners submitted representation dated 26. O9. 2020 before the respondent No,4-Tahsildar.
seeking to mutate their name and issue new pattadar passbooks in respect of the subject land but so far no action has been taken on the said representation and ultimately prayed to grant the relief as indicated above. 4. On the other hand, learned Assistant Government Pleader for Revenue would submit that there is a dispute with regard to the subject land. Furthermore, in view of repeal of old Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short "Act, 1971") and enactment of new Telangana Rights in Land and Pattadar Pass Books Act, 2020 (Act 7 of 2020) (tor short "Act, 2020") by the Government of Telangana, the petitioner is required to follow the procedure contemplated under Section 6 of the said Act for effecting any changes in the record of rights. 5. The material papers filed before this Court i. e, copy of pattadar passbook as well as pahanies, reveal the name of the petitioners'father-Akula Venkatramulu, as owner and possessor of lands admeasuring Ac. 0.
09 gts in Sy. No. 14/EE and Ac. 1-30 gts in Sy. No. 16/E, total admeasuring Ac. 1-399ts, situated at Lalkota Village, Chinna Chinthakunta Mandal, Mahabubnagar District. Admittedly, the petitioners submitted application daLed 26. 09. 2020 under the old Act, 7971. ln view of repeal of old Act, l97L and enactment of new Aci, 2020 on 19. 09. 2020, the petitioners ought to have filed an application under Section 6 of the new Act, 2020 for effecting any changes in the revenue records. 6. Under these circumstances, the petitioners are directed to File fresh application complying the requirements under Section 6 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, within fifteen (15) days from the date of receipt oF a copy of this order. On filing such application, the respondent No. 4-Tahsildar, Chinna Chinthakunta Mandal, Mahabubnagar District, is directed to examine and dispose of the same, in accordance with law, expeditiously. 7.
With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. SD/. I. NA GALAKSHMI RE RAR ASSISTANT //TRUE COPY// \ OFFICER SECTI N Secretariat' To, State of Telangana' Revenue Department' I The Principal Secretary' state ' Telansana Hy;;r;i,;a State' District' Telangana Mahabubnagar 2. The Collector, District' Mahabubnagar Mahabubnagar' Officer' Division i The Revenue Mahabubnagar Mahabubnasar rrrandar' ; h:EUl3 "n'*nakunta iffittffi IOPUCI to Sri' R A' Chary' Advocate 5. One CC Telangana tOUTl for the State of High Court to GP'o' O"*nu"' 6. Two CCs 7. Two CD CoPies Prk ( HIGH COURT DATED:0711212020 STA 1 6E I€ z o I)EC2U0 a o 15 * ORDER * oE SP WP. No. 21479 ot 2020 Disposing of the WP. without costs. )DLE \
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