Udutha Kumar Swami and another vs The State of Telangana and 2 Others

WEDNESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR Between: 1.

Udutha Kumar Swami, S/o.Chinniah Aged about 42 yeas, Fl/o.Pannur village, Ramagiri.

Mandal, Peddapali District.

2.

Uduthu Lakshman, S/o.Chinniah Aged about 39 years, Rl/o.Pannur village, Ramagiri [Mandal, Peddapali District. ...PETITIONERS AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad.

The District Collector, Pedapalii District.

The Mandal Revenue Officer, Ramagiri Mandal, Pedapalli District. ...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 order, writ or direction, more parlicularly one in the nature of Writ of Mandamus declaring the action of the respondents not registering the name of the petitioners in dharni Portal and not issuing the Patta pass books on the name of petitioners to an extent of 0-18 gunts of agriculture land in Survey No.55/A in pannur village, Ramagiri Mandal, Peddapali District and not considering the representations of the petitioners is illegal arbitrary unjust and consequently direct the respondents to registering the name of the petitioners in Dharni Portal and To issuing the Patta pass books on the name of petitioners to 2 3 i I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WRIT PETITION NO: 26259 OF 2022 an extent of 0-18 gunts of agriculture land in Survey No.55/A in pannur village' Ramagiri Mandal, Peddapali District. lA NO:'l 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 respondents to consider our application dated 16/06/2021, pending disposal of the Writ Petition.

Petition.

Counsel for the Petitioners: SMT JYOTHI ESWAR GOGINENI Counsel for the Respondents: AP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR 1IIRIT PETITION No.26259 of 2022 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents, The writ petition is disposed of at the stage of admission.

This writ petition is filed to declare the action of the respondents in not updating the name of the petitioners on Dharani Portal and not issuing pattadar passbooks in their names in respect of land admeasuring Ac.O.18 guntas in Survey No.55/A situated at Pannur Village, Ramagiri Mandal, Peddapalli District, as illegal and arbitrary.

3.

It is the case of the petitioners that their father, by name, U.

Chinnaiah purchased agriculture Iand admeasuring Ac.0.39 in Survey No.55/A guntas in the year 1979 from one U.

Pochalu and the name of their father was mutated in the revenue records.

However, the name of one U.

Lachaiah, S/o.

U.

Mondaiah entered in the pahanies in respect of land admeasuring Ac.O.17 guntas in the same survey number by deleting the name of the L --..__r. father of the petitioners.

They further submitted that their father died in the year 1997.

4.

According to learned counsel for the petitioners, out of the total extent of Ac.0.39 guntas of land purchased by the father of the petitioners, the petitioners have sold an extent of Ac.0.20 guntas and they are still left with Ac.0.

1g guntas of land.

But, in respect of the very same extent of land, the pattadar passbool< was issued in favour of one Ch.

Ramaiah, S/o.

Laxmaiah, though the petitior-rers have been in peaceful possession and enjoyment of Ac.O.1B guntas of land.

Having come to know about the same, the petitioners claimed to have macle an application under the Right to information Act. ation Act.

In response to the saicl application, the petitioners were informed that there are no documents ava able in respect of change of name by removing the name of U.

Chinnaiah, father of the petitioners, and incorporating the name of Ch.

Ramaiah.

In these circumstances, the petitioners claimed to have submitted an online application bearing No.LM2100000866 with Grievance No.GRV2100005323 seeking rectification of the said entries and for issuance of pattadar passbooks in their lavour in respect of the subject land.

However, the said application is still pending consideration before respondent No.2.

3 5.

Learned Assistant Government Pleader for Revenue submitted that the application submitted by the petitioners through online Dharani Portal ventilating their grievance is in order, the same would be considered in accordance with law.

6.

Taking into consideration the fact that the application made by the petitioners is pending consideration before respondent No.2, the writ petition is disposed ol directing respondent No.2 to consider the online application bearing No.LM2 100000866 with Grievance No.GRV2 100005323 submitted by the petitioners requesting to delete the name of one U.

Laichaiah and to update their names in respect of land admeasuring Ac.0.18 in Survey No.55/A and pass appropriate orders in accordance with 1aw within a period of eight weeks from the date of receipt of a copy of this order.

It is needless to observe that respondent No.2 shall put all the interested parties on notice and also consider the objections, if any, fi1ed by the said persons before passing orders.

Miscellaneous Petitions, if any, pending in this writ petitlon shall stand closed.

SD/.N,RAJAGOPA ASSISTANT REGIS ,TRUE COPY' SECTION OFFICER 1.

The Principal Secretary' Revenue Department State of Telangana' Secretariat, HYderabad' 2.

The District Collector, Pedapalii District . i, iil" rtlJ.ojt Revenue officer, Ramagiri Mandal' Pedapalli District' To, \ I 1.

9n" CC to Smt.

CC to Smt.

Jyothi Eswar Gogineni, Advocate tOpUCl 5.

Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] 6.

Two CD Copies 7.

One Spare Copy tt.t GJ I I HIGH COURT DATED:2210612A22 ORDER WP.No.26259 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6J- r l ELa .s \s l t * C Ut \ ,C !+