Masuram Kalpana vs The State of Telangana and 3 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY Betwee n : l\,4asuram Kalpana, D/o Badraiah, Age. about 56 Years, Occ: Agriculture, R/o H.No.22-193, Fertilizer Bazar, lr/iryalaguda Town, Nalgonda District. ...PETITIONER AND 1.

The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Secretariat Buildings, Hyderabad.

2.

The District Collector, Nalgonda, Nalgonda District.

3.

The Revenue Divisional Otficer, Miryalguda Division, Nalgonda District.

4.

The Tahsildar Office, Damarcharla Mandal, Nalgonda District. ...RESPONDENTS Petition under Article 226 of lhe 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 action of the Respondent No.

4 in non- considering the Online application of the petitioner vide No.

LM2200007794 and LM2200007800 and non-initiating to issue E Pattadhar Passbooks to Petitioner on his cultivating land to admeasuring Ac.3-00 gts in Sy.

No.

190, admeasuring Ac.1-38 gts in Sy.

No.13 5 total extent of Ac.4-38 gts which is situated at Timmapuram Revenue Village Shivar of Damarcharla ltlandal, Nalgonda District is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice violation of Articles 14, 15,21 and 300-4 of the Constitution of lndia and consequently to direct the respondent No.2 to 4 to issue E Pattadhar Passbooks to the Petitioners above said land.

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 the respondent No.2 to 4 to issue E Pattadhar Passbooks to the Petitioner in respect of land admeasuring Ac.3-00 gts in Sy.

No. in Sy.

190, admeasuring Ac.1- 38 gts in Sy.

No.135 total extent of Ac.4-38 gts which is situated at Timmapuram WRIT PETITION NO: 8794 OF 2022 lA NO: 1 OF 2022 2 Revenue Village Shivar of Damarcharla Mandal, Nalgonda District and pending disposal of the w it petition.

Counsel for the I etitioner : SRl.

RAPOLU BHASKAR Counsel for the I espondents : AGP FOR REVENUE The Court made he following: ORDER / / HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION No.8794 OF 2022 ORDER: This writ petition is filed to declare action of respondent No.4 - the Tahsildar, Darrarcharla Mandal, Nalgonda District in not considering online applicatior.r Nos.LM2200007794 and LM2200007800 of the petitioner and not issuing e-pattadar passbooks in respect o1'her' lancis adrneasuring Acs.3-00 in Survey No.

190, and admeasuring Ac.1-38 guntas in Survey No.135, total land admeasuring Acs.4-3 8 guntas, situated at Timmapuram Revenue Village Shivar of Damarcharla Mandal, Nalgonda District, as illegal, arbitrary and unconstitutional.

Heard Sri Rapolu Bhaskar, learned counsel for the petitioner, and learned Assistant Govemment Pleader for Revenue, and perused the rnaterial on record.

3. -fhe case of the petitioner is that the subject lands were r-rndel the scherne ol landless poor persorls, mutated hel narne in all assigned to her b1' the Government of Andhra Pradesh in 1985 I ). the reven re records and issued pattadar passbooks and title deed through P ssbook No.471489 - Khata No.289.

The Govemment of Telangana initiated drive for issuing e-pattadar passrooks.

The petitioner vas issued 1-B Certit-rcate.

The petitior-rcr subrnittcd applicatior; for e-pattadar passbooks in respect of the sub.ject lands, but the same were not issued.

I-lence, the petitioner' submitted applications thlough online application Nos.LM22( 0007794 and LM2200007800.

Howevcr'. ro action is initiated by he respondents.

I-lence, this writ petition.

4. tition.

TI e learned Assistant Government Pleader lbr Revenue submits that directions may be issued to the respondents to act upon the onl ne applications ofthe petitioner.

5.

In .iew of the above, r,''ithout entering into me'its of the case, the wn petition is disposed of, at the stage of zLdmission itself, directir 3 respondent No.2 - the District Collector, I.lalgonda, Nalgonda Dir trict, to forthwith act upon the online application Nos.LM2200( C7794 and LM2200007800 of the p()titioncr: respondent N, .2 shall conduct enquiry, by issuing notice to all \ \-/ J concerrred / interested parties and pass orders, in accordance with Iaw, within a period of eight (8) weeks from the date of receipt of a copy of this order.

No order as to costs' As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition stand closed. \ SD/.K.ONESIM ASSISTANT REG TRAR ,TRUE COPY// SECTION OFFICER The Principal Secretary, Revenue Department, Secretariat, Secretariat Buildings, State of Telangana, Hyderabad.

The Revenue Divisional Officer, L/iryalguda Division, Nalgonda District.

The Tahsildar Office, Damarcharla Mandal, Nalgonda District.

One CC to SRl.

RAPOLU BHASKAR, Advocate.

IOPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad.[OUT].

Two CD Copies One Spare Copy To, 1.

7_ 8.

SB -o SB 4/a.- HIGH COURI DATED:18102t2022 ORDER WP.No.8794 rf 2022 DISPOSING )F THE WRIT PETITION WITHOUT CI)STS.

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