Peddinti Ashanna v. The State of Telangana

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date: 2024-01-04

Case summary

High Court for State of Telangana judgment dated 2024-01-04. Peddinti Ashanna v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

I I [ I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 178 OF 2024 Between: 'l . Peddinti Ashanna, S/o. Pedda Kishtanna, Aged about 38 years, Occ: Agriculture Rio. H. No. 6-101, B. C. Colony, Peddapalli Village, Maldakal Mandal, Jogulamba Gadwal District. T. S. 2. lJppari Pedda Kistanna, S/o. Ashanna, Aged about 71 years, Occ: Agriculture R/o. H. No. 6-22, Peddapalli Village, Maldakal Mandal, Jogulamba Gadwal District, T. S. ... PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Jogulamba Gadwal District, T. S. J The Revenue Divisional Officer, Gadwal Drvision, Jogulamba Gadwal District, T. S. 4 The Mandal Revenue Officer, Maldakal Mandal, Jogulamba Gadwal District, T. S. ...

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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in issuing new pattadar passbooks cum title deeds to the petitioners No. 1 & 2 in respect of the agricultural land bearing Sy. No. 1'15/1 to an extent of Ac. 14-32 gts. , situated at Palwai Village, Maldakal Mandal, Jogulamba Gadwal District and agricultural land bearing Sy. No. I 1 3/1 to an extent of Ac. '1 3-'1 3 gts. , and Sy. No. 11411 to an extent of Ac. 2-08 gts. , total admeasuring Ac. 15-2'1 gts..

situated at Palwai Village, Maldakal Mandal, Jogulamba Gadwal District respectively by disposing the application dated 2811012023 made by the petitioners through Dharani as illegal, unjust, arbitrary, violative of principles of natural justice, and consequently direct the respondents to dispose of the applications dated 2811012023 made by the petitioners through Dharani by rssurng new pattadar passbooks cum title deeds to the petitioners No.. 1 & 2 rn respect of the agricurturar rand bearing sy. No. 1r511 to an extent of Ac. 14-32 gts. , situated at Parwai Viilage, Mardakar Mindar, Joguramba Gadwar oistrtt ? no tand hearing. Sv. No. 1 13t1 to an eitent lSrlgutlu1g1 . of Ac 13-13 gis. , ,nO sv No 11411 to an extent of Ac 2-08 gts. , totai idmeasuring n". rd-zi' g1". , -Mandar, situated at Parwai Viilage, Mardakar Joguramba Gadwar District respectively.

lA NO: 1 oF 2024 Petition under Section r 5-1 cpc praying that in the circumstances stated in the affidavit fited in supprcrt of the peiitio;, in" iigt court may oe pL"J"i t" direct the respondents to-dispose of t't'" ,ppii"ufionJaated 2Bt1or2o2i rra" uy the petitioners through Dh. aiani by issuing new-pattaoar passbooks -the cum tifle deeds to the petitioners Ng i in r. u. [u. i of agricuttural 1 t land L""iing Sy No'115/1 to an extent ot Ac. r4-32 gts. ,'siiuateo p-arwai at virr"g;,-l;datrr Mandal, ioguramba Gadwar District ani rand bearing sv r. r". ilyi t" an extent. of Ac. l3-13 gts.. and "gri"ritriri Sy. No.. l I'C^ to ai extent of Ac. 2_08 gts. , total admeasuring Ac. 15-21 gts. , situated at palwai Village, Maldakal Mandal, Jogulamba Gadwal District respectively. Counsel for the petitioner: SRI B. VIJAY KUMAR Counsel for the Respondents: ASST. Gp FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.

178 OF 2024 ORDER: (ORAL) This writ petition is filed by the petitioners seeking to declare action of respondent Nos. 2 to 4 in not considering the Dharani applications of the petitioners bearing Nos. 2300158657 and 2300158655 dated 28. 10. 2023 for issuing e-pattadar passbooks in respect of land admeasuring Acs. l4-32 guntas ln Survey No. l15/1 of petitioner No. l and land admeasuring Acs. 13-13 guntas and Acs. 2-08 guntas in Survey Nos. 113/1 and 114/1 of petitioner No. 2 situated at Palwai Village, Maldakal Mandal, Jogulamba Gadwal District, as illegal and arbitrary. 2. Heard leamed Counsel for the petitioner, leamed Assistant Govemment Pleader for Revenue appearing for respondents, and perused the material on record 3. Petitioner No. l claims to be owner and possessor of the land admeasuring Acs. 14-32 guntas in Survey No. I 15/1 and petitioner No. 2 claims to be owner and possessor of the land admeasuring Acs. l3-13 guntas and Acs. 2-08 guntas in Survey Nos.

l13/l and ) 114/1 of petitioner No. 2 situated palwai at Village, Maldakal Mandal, Jogulamba Gadwal District, having purchased the same from Smt. Ratnamma Wo. Venkatakrishna Reddy. The names of petitioners were mutated in the revenue records vide proceedings Nos. A/63l2013 and N75/2013 dated l5. O4. ZOt3 respectively. After Land Records Updation programme, petitioners were not issued e-pattadar passbooks in respect of the subject lands. Petitioners have submitted online applications bearing Nos. 2300158657 and 230015g655 dated 2g. 10. 2023 for issuing e-pattadar passbook in respect of the subject rand. However, there is inaction on the part of respondent authorities in processing the online applications of the petitioners. Hence, they are constrained to approach this Court. 4. Learned Assistant Government pleader for Revenue appearing for respondents has submitted that appropriate action will be taken on the Dharani applications of the petitioners, in accordance with law. 5.

Recording the aforesaid submission of the learned Assistant Government pleader for Revenue, without going into the merits of case, the writ petition is disposed of directing respondent Nos. 2 to 4 to consider petitioner's online application bearing Nos. 2300158657 and 2300158655 dated 28. 10. 2023 for issuing e- pattadar passbooks in respect of land admeasuring Acs. 14-32 guntas ln Survey No. l15/l of petitioner No. l and land admeasuring Acs. l3-13 guntas and Acs. 2-08 guntas in Survey Nos. 113/1 and 114/1 of petitioner No. 2 situated at Palwai Village, Maldakal Mandal, Jogulamba Gadwal District, by issuing notice to all concerned/interested persons, and pass orders, in accordance with law, within a period of forty five (45) days from the date of receipt ofa copy of this order. No order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. SD/. A. V. S.

PRASAD ASSISTANT REGISTRAR //TRUE COPY// SECTION{bFFICER To, of Telangana' 1. The Principal Secretary, Revenue Department, The State Secretariai Buildings, Hyderabad. District, T'S' 2. ih; DEir,ctborrecioi, Josulamba Gadwal -ciowat Division,' Josulamba Gadwal District' 5. iii; il;;;e oriiionai6? [ei T. S. District, Maldakal Mandal, Jogulamba Gadwal +. ini Mandal Revenue officer, T. S- Advo-cate 5 O; CC to SRI B. VIJAY KUMAR' [oPlJC]- 6. i;; cc. io-ci ron REVENUE, High Court for the State of Telangana' tourl 7. Two CD Copies BN BS *\k t I HIGH COURT DATED:0410112024 6 sTA -( rC e J Z o a 1 0 JAN 202[ o t t DE s PAT ORDER WP. No. 178 o12024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ a"

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