Katika Anil Kumar and another vs The State of Telangana and 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) WEDNESDAY.

THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY WRIT PETITION NO: 13 596 0F 2022 Betwee n: 1 2 Kalika Anil Kumar, S/o Late Narendar. aged about 33 years. occ.

Agriculture, HtJ'i"r,'viirr"g" ino rr.,1lnirr' l"grl,'bi Gadwal' (Eistwhile lt/ahabubnagar District) [;i]i ;" Sunil Kumar' S/o Late Narendar' .aged about 30 vears' occ' Aoriculture, R/o teza VilagE"a"nd 'ili;;J; lo!uiamUa Gadwai, (Erstwhile tvl"ahabubnagar District). ...PET|T|ONERS The State of Telanqana, Rep. by its Principal Secretary' Revenue Deoartment, Secre-iariat.

Hvderabad ff5ti!i*t b;I;;i;;, i;sri;;ii ciowal (Erstwhite rvlahabubnasar.District). iil il;;t; DriJi".ii 6ir["i -eio*i t riivision, Jogu lamba Gadwal' ( Erstwhile I\,4ahabubnagar District). iiJiriii".rl!? i,i,iza rr,li.o"rrljo-grra|.nuu Gadwat, (Erstwhile Mahabubnasar District). ...RESPoNDENTS a .) .J 4 Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affldavit 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 respondent Nos 2 to 4 in non- considering the pouthy apptication of the petitioners and non-initiating to mutate name of the petitioners on tf'eir cultivating land to an extent of Ac'3 00 gts in Sy.No.464/4 which is tit'ut"O al leezaVillage and tr'4andal' Jogulambad Gadwal District basing on t," onr*" upplication of the petitioners is highly illegal' arbitrary' unconstitutional' unjust and in violation of violation of Principles of Natural Justice and also in violation ot n'titf"t 14' 19' 21and 300-A of constitution of lndia and consequently direct respondent Nos'2 to 4 to consider the pouthy application of the petitioner and non-initiating to mutate name of the petitioners on their cultivating land to '" """"t "' Oc 3 "t "' Oc 3'00 gts in Sy No'464/4 which is situated at leeza Village ""a *'"0''' - *gulambad Gadwal District basing on the online aPPlication of the Petitioners' AND lt2il N F 2022 1 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct respondent Nos'2 to 4 to consider the pouthy apprication of the petitioner and non- initiating to mutate name of the petitioners on their curtivating rand to an extent of Ac3'00 gts in sy.No.46414 which is situated at reeza Virage and Mandar, Jogurambad Gadwar District basing on the onrine apprication of the petitioners, pending disposal of the writ petition.

Counsel for the petitioners: SRl.

RAPOLU BHASKAR Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER T *-=-=- / THE HONOURABLE SRI JUSTICE B.

VIJAYSEN REDDY ORDER: IJeard learned counsel tbr the petitioners and leamed Assistant Government Pleader for Revenue.

2.

The grievance of the petitioners is that respondent Nos.2 to 4 are not acting on the application submitted by them through Dharani Portal vide reference No.LM2200014612 for mutation of their names in the revenue records in respect of land admeasuring Acs.3-00 Gts., in Sy.No.464l4, situated at leeza Village and Mandal, Jogulamba Gadwal District' 3.

The petitioners claim that his father late Katika Narender was the original pattadar of the subject land' The land has been assigned to the father of the petitioners vide prooeedings No.5464i1980 dated23'12'1980' After the death of their father in the 201 8, the petitioners have become the lega1 heirs and succeeded to the land' Application for mutation was submitted by the Petitioners for issuance of pattadar passbook for an extent ot W.P.No.13596 OF 2022 I I l Acs.1-20 Gts., each.

However, the case of the petitioners is that respondent No.4 has not acted upon their application.

4. cation.

4.

Learned Assistant Government pleader submits that respondent No.2iDistrict Collector is the appropriate authority under the provisions of the Telar.rgana Rights in Land and pattadar Passbooks Act,2020 for taking necessary action.

5.

Taking note of the above submissions, the writ petition is disposed of directing respondent No.2 to forthwith act upon the application submitted by the petitioners through Dharani portal vide reference No.LM22000l 4612 for mutation of their names in the revenue records in respect of land admeasuring Acs.3_00 Gts., in Sy.No.464l4, situated at leezaVillage and Mandal, Jogulamba Gadwal District, by issuing notice to all concerned,/interested persons and pass orders in accordance with law, within a period of ten weeks from the date ofreceipt ofa copy ofthis order.

No costs. _6- pending .,r:"1l1l"ols petitions, if any, shall stand closed.

ASSrssrDlNBi.#JAYAIH ,TRUE COPYII To, 1 2 3 4.

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1wo QD Copies ', une spare copy BS \y/ _..----- f I HIGH COURT DATED:16 t$12O22 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e 1HE ST4 ,€ o z t' e o 'Jt 2 I APB 2U2 Dt-,, .ilXl- 1-\ ^\$- ORDER W.P.No.13596 of 2022 ri