M. Sudarshan Goud , 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 2024-11-25. M. Sudarshan Goud , v. The 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) MONDAY, THE TWENTY FIFTH DAY OF NOVEMBEF. TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C. V. BHASKAR REDDY WRIT PETITION NO: 33022 OF 2024 Between: 72 years, M. Sudarshan Goud, S/o. Rama Goud, Aged about Occ. Agriculture, Rl/o. Narsapur (G) Village and Mandal, Nirmal, Nirmal District. .. PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad. 2 The District Collector, Nirmal, Nirmal District. Nirmal 3 The Revenue Divisional Officer, Bhainsa Revenue Division, Nirmal, District 4 The Tahsildar, Bhainsa lti'landal, Bhainsa, Nirmal District ...
RESPONDENTS praying that in the Petition under Article 226 of the constitution of lndia may be circumstances stated in the affidavit filed therewith, the High court in the pleased to issue an appropriate writ, order or direction more particularly one respondents in not nature of wRlT oF MANDAMUS declaring the action of the of the petitioner the land in mutating and issuing E Pattadar Pass books in favour guntas respectively, sy No. 206, 207 lo an extent of Ac. 0. 06 guntas and Ac. 0. 35 total to an extent of Ac. 1. 0'l guntas, situated at Thimmapur Village, Ajql"q - --1 * Mandal, Nirmal District is illegal, arbitrary, contrary to the provisions of Telangana 2020 and as well the violation state Rights in Land and Pattadar Pass Book Act as of lndia consequently of the fundamentat rights guaranteed under the Constitution Pattadar Pass Book in favour of the direct the respondents to mutate and issue E petitioner for the above said land and extent.
lA NO: 1 OF 2024 Petition under slection 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 the respondents to nrutate and issue E pattadar pass books in favor of the petitioner the land in siy No. 206, 207 to an extent of Ac. 0. 06 gunti,rs and Ac. 0. 35 guntas respectively, k)tal to an extent of Ac. 1. 0'l guntas situated at Thimmapur Village, Bhainsa Mandal, Nirmal District, forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRt RAMAKOTAIAH KANDALA Counsel for the Respondents: GP FOR REVENUE The Courl made the following: ORDER THE HON'BLE SRI JUSTICE C. 1I. BHASKAR REDDY WRIT PETITION No. 33O22 of 2o24 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following relief: "... to issue an appropriate utrit, order or direction more particularlg one in the nature of WRIT OF MANDAMAS decktnng the action of th.
e respondents in not mutatiftg and issuing E-Palladar Pass books in fauour of the petitioner the land in Sg. No. 206, 207 to an extent oJ Ac. 0. 06 guntas and Ac-0. 35 guntos respectiuelA total to an ertent of Ac. 1 . 01 guntas situoted at Thimmopur Village, Bhainsa Mandal, Ninnal Distncf is illegal, arbitrary, controry to the prouisions of Telangana State Rights in Land and Pattador Pass Book Act, 2020 and as uell as the uiokltion of the nghts Woranteed under the Corlstittltion of India fundamental consequentty direct tle respondents to mutate and issue E Pattodar Pass Book in Jauour of the petitioner for the aboue said landandexTent.. -" 2. It is stated that petitioner is the owner and possessor of the land admeasuring Ac. O. O6 and Ac. 0. 35 guntas in Suntas Sy. Nos. 206 ar.. d 2O7 situated at Thimmapur Village, Bhainsa Mandal, Nirmal District. It is further stated that he instituted a suit vide O. S. No.
29 of 1985 on the frle of the District Munsif, seeking declaration in respect of the subject land and the same was decreed uide judgment and decree, dated 26. 04. 1985. it is also stated that as per the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to 'R(f R Act, l97l,l and the Rules made thr:reunder, the petitione. r submitted several applications before the respondents frrr issuance of pattadar passbooks and rvhen the respondents have not considered the said applicarions for issuance of pattadar passbooks and title deeds, the gretitioner has submitted online application, dated 16. O7. 2024 tn Dharani Portal under lhe provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2O2O (for short Act, 2O2O,l for mutation and issuance of pattadar passbooks. The grievance of the petitioner is that till date, the respondent authorities have not taken an yr action on his application. Hence t he writ petition. 3.
Consider,:d the submissions made by the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage. 4. Admittedly, the suit filed by the petitioner was de,::reed in the year 1985 and if any rights accrued in favour of the petitioner, he I s entitled to make an application as per the timeline prescribed under Section 4 of the ROR Act, l9T l, which as under: ,/ - 4. Acquisition of ights to be inttmated (1) Ang person ocquiing bg succession, suruiuorship, inheitance, partition, Gouernment patta, decree of a Court or otlanise any right as ou)ner, pattadar, mortgagee, occupant or tenant of a land and anA person acquiring any ight as occupant of a land bg ang other method shaU intimate in utiting h)s acquisition of such righf, b tLe Mandnl Reuenue Officer uithin ninetg dags from the d.
ate of such acquisitrcn, and the said Mandal Reuenue Officer shall @ue or send o witten acknouledgement of tLLe receipt of such intimation to the person moking it: Prouided that uthere thp person acquiring the right is a minor or othenise disqualified, his guardian or oth. er persons hovtng charge of his property shall intimate the fact of such acqtisition to the Mandal Reuenue Off. cer. (2) Notwithstanding angthtng contained in the Registration Act, 1908 \ (Central Act 16 oJ 1908) euery registering officer appointed under the \ Act and regi. steing a clocument relating to a transaction in land, such as sale, mortgqge, gift, lease or othen ise sha;l. l intimate the Mandal Reuenue Offtcer of the Mandal in uhich th. e property is situate of such transoctio n. It is settled law that the parties are not entitled to seek mutation of entries in the revenue records after long lapse of I I time. In the instant case, seeking implementation of the judgment and decree dated 26. 04.
1985, the petitioner has made application on 16. 07. 2024 i. e, nearly after four decades. Even in the land records updation programme introduced by the Government, the petitioner has not taken steps to mutate his name in the revenue records. Entertaining the application at this length of time and granting relief of correction of revenue entries amounts to disturbing the settled legal position. However, it is left open to the petitioner to take approprrate st,3ps as available in law for implementati,:rn of the judgment and decree 5. With the above observations, this Writ per ition is disposed of. There shall be no order as to costs. As a serluel thereto, miscellaneous petltlons, if any, pending shall stand closed. SD/. A. V. S. PRASAD ASSIS TANT REGISTRAR //TRUE COPYII To, FFICER ,F 1 . The Princip al Secretary, Revenue De partment, Telangana Secretariat.
State of Tel angana, Hyderabad The The District Collector Nirmal, Nirmal Distri ct 3 The Revenu e Divisional Officer, Bhainsa Revenue Division, Nirrnal, Nirmal District 4. 5. 6. ;hl{,4iia. itR1,Ufl#f#s,n#iil: i::;ir re a n a na a, 7 Two CD ' Coiies TJ GJP s HIGH COURT DATED:2511112024 t HE STA rG ( c () 3 ! z . ,t Z0Z5 a) a L q,,,11raf.!. ORDER WP. No. 33022 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Grr"e ffis
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