Nuthath Fatima vs State of Telangana and 2 others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 18707 OF 2022 Between: Nuthath Fatima, W/o.late Shaida Bagan Mazbool, aged about 61 years, Occ.Housewife, Rio.H.No.18-8-450/58, Raza Nagar, Edi Bazar, Hyderabad, rep. by her GPA Holder Mohd.

Abdul Mukheem S/o.late M.A.Aziz. ...PETITIONER AND 1.

State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2.

The District Collector, Siddipet District.

3.

The Tahsildar, Komuravelli lr,4andal, Siddipet 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the application of the petitioner dated.28.12.2021 vide Application No.210117519'1 made for mutation in concerned revenue records by incorporating the name of the petitioner in respect of land bearing Sy.No.120iEl2 admeasuring Ac.1-05 Gts., situated at Komuravelli Village and Mandal, Siddipet District, as illegal, arbitrary. unjust, unconstitutio nal, violation of principles of natural justice and also contrary to the provisions of Telangana Rights in Land and Pattadar Passbooks Acl,2020, and consequently direct the respondents 2 and 3 to consider the representation of the petitioner da|ed.28.12.2021 vide Application No.2101 175191 .

A NO: 1 OF 2022 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 3rd respondent to consider the representation of the petitioner da|ed.28.12.2021 vide Application No. cation No.210'1 175191 made for mutation in concerned revenue records by incorporating the name of the petitioner in respect of land bearing Sy.No.120/E/2 admeasuring Ac.1-05 Gts., situated at Komuravelli Village and Mandal, Siddipet District, pending disposal of the writ petition.

Counsel for the Petitioner: SRl.

MOHD.

MOIN AHMED QUADRI Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following: ORDER / THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.187O7 of2022 ORDER: This Writ Petition is liled in the nature of Writ Mandamus declaring the action of the respondents in not considering the appiication of the petitioner dated 28.12.2021 vide Application No.2101175191 made for mutation in concerned Revenue records by incorporating the name of the petitioner in respect of land bearing Survey No.l2OlEl2 admeasuring Ac.

1.05 gts, Komuravelli Village and Mandal, Siddipet District as i1lega1 and arbitrary, contrary to the provisions of Telangana Rights in Land and Pattadar Passbooks Act, 2O2O and consequently, direct second and third respondents to consider the representation of the petitioner dated 28.

L2.2021 vide Application No.2101175191 and pass appropriate orders.

Heard the learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent Nos.l to 3 and with their consent this Writ Petition is disposed of at the admission stage. + iVISK,J W.P.No.l8707 ol'2022 3.

The learned counsel for the petitioner contended that the husband of the petitioner is the absolute owner and possessor of land admeasuring Ac.

1.05 gts, in Survey No.l2OlEl2, Komuravelli Village and Mandal, Siddipet District and his name is also reflected in Dharani Portal as pattadar pass book to the said extent of iand.

Husband of the petitioner died on 04.06.2020, fhereafter, the petitioner and family members succeeded the said extent of land and they are in the peaceful possession and enjoyment of the same. the same.

Petitioner made an application for issuance of pattadar pass book in her name vide Application No.2101175191 dated 28.12.2021 in Dharani Portal and the same is pending consideration with the respondent.

Even after a lapse of more than three (3) months the respondents have not considered the application.

4.

Taking into consideration of the facts and circumstances, especially the application of the petitioner is pending consideiation, this Court is inciined to dispose J V MSK,J W.P.No.18707 of 2022 of the Writ Petition directing third respondent to consider the online Dharani Portal Application bearing No.2101 175191 dated 28'12'2O2t submitted by the petitioner within a period of six (6) weel<s from the date of receipt of a copy of this order and communicate the same to the petitioner.

There is no order as to costs 5.

The miscellaneous petitions pending' if any' shall stand closed ,TRUE COPY// Sd/.

K.AMMAJI ASSISTANT REGISTRA SECTION OFFICER To, 1. .) 4.

5.

CHR The Tahsildar, Komuravelli Mandal, Siddipet District.

One CC to Sri Mohd.

Moin Ahmed Quadri, Advocate [OpUC] Two CCs to GP for Revenue, High Court for the Statb of Telangana at Hyderabad. [OUT] Two CD Copies One Spare Copy :\ Y \ HIGH COURT DATE D : 1 910412022 ORDER W.P.No.18707 of 2022 <, o -4 E 1 e o Ar $" n_. v* cla .{. a.) LJ l- c \ €" ,<) t\ q* Ha) DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS ,tr