Sri Darshanala Samuel vs The State of Telangana and 3 others

WRIT PETITION NO :27036 0F 2022 AND 1 The State of Telangana, Rep by its Prl Secretary, Revenue Department,Secreteriate, Hyderabad.

The District Collector, Hanamkonda, Hanamkonda District The Revenue Divisional Officer, RDO Office,Opp to Max Care Hospital, Hanamkonda.

Hanamkonda District, 4.

The Mandal Revenue Offrcer, Mandal Revenue Office, Khazipet' Hanamkonda 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 writ or order or direction more particularly in the nature of Writ of Mandamus declaring the inaction of the Respondent No.4 in issuing the Pattedar passbooks to, the Petitioner even after conducting survey and gonsfirming and submitting the report vide Rc.No.B/77112019,2910212020 lo the Respondent No.3 is unjust, illigal and violation of the article 14,15'2'l of the lndian constitution and direct the Respondent No.4 to issue the Pattedar Pass books as per the survey report vide Rc.No.B/77112019, 2910212020 of the Tahsildar.

2 3 I i I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) MONDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR Between: sri Darshanala samuel, S/o.

Late Venkataiah, Age 64 years, occu Agriculture, R/o.H.No.

1-2't 8, Kadipikonda, Hanamkonda District, ...PETITIONER l lA NO: 1 OF 20 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.4 to issue the Pattadar Pass books to the Petitioner as pertheenjoymentsurveyreportvideRc.No'Bt771l2O19,dated2910212020by the Respondent No.4, pending disposal of the above writ petition' Counsel for the Petitioner : SRl. ner : SRl.

SHARAT CHANDRA' A Counsel for the Respondents :A GP FOR REVENUE' The Court made the following: ORDER THE HONOI]RABLE SRI JUSTICE MTIMMINENI SIIDHEER KUMAR Writ Petition No.27O36 of 2022 ORDER: Heard learned counsel- for the petitioner and the learned Assistant Government Pleader for Revenue, for the respondents.

2.

With the consent of bo1.h parties, the Writ Petition is disposed of at the stage of admission.

3.

It is the case of petitioner herein that he is the absolute owner and posset;sor of land admeasuring Ac.O.15 gts. in Survey No.251 of Kadipikonda Vitlage, Kazipet Mandal, Hanumal<onda District; he has been in possession ald enjoyment of the said extent of land; he had been issued with am old pattadar pass book bearing No.2125238 vide Khata No.776; however, petitioner is not issued with a new pattadar pass book for the said extent of land aud the said extent of land l\1s K,.J wp_27o36_2o:2 was not updated on Dhal-ani portal in the rrame of petitioner.

4.

In view of the same, petitioner claims to have submitted an on-line aplrlication for survey of the subject land being claimect by him, and the sarrre was conducted accordingly by, the respondent-authorities, and a report was submilted in RC.No.B/77 l/2olg, dated 29.O2.2O2O, to the 3'd resncndcnt requesting for permission for rectificatic.,: of the village records in tune with the Enjoyment Survey conducted by the respondents.

5.

In terms of the Enjovinent Surv.ey conducted by 4th respondent, the petitioner is stateci to have been in physical possession and enjoyment of an extent of Ac.0.13 Yz gts. in Survey No.251 of of I(adipikonda Village, Kazip et Mandat.

Hanumakoncia District.

6.

Petitioner further contends that in spite of submission of the gr!! report seeking permission for ) 5 rectification of the village records, the 3. ds, the 3.d respondent MSK,J wp_27036 _2022 herein has not passed any orders on the said petitioner for updation of thr: land being claimed by the petitioner on Dharani portal and issuance of new pattadar pass book theleof is getting delayed. various benefits extended by the Government including 7.

Under those circumstailces, petitioner herein filed the present Writ Petition questioning the inaction on the part of the respondents in issuing new pattadar pass book to the petitioner in respect of the above said extent of land.

8.

Learned Assistant Government Pleader for Revenue, appearing for the respondents, has not disputed the facts as naffated on behalf of tJle ) representation and therel"-ty the request of the Thereby, the petitioner herein is deprived of availing the benefit of Rythu Bandu.

I MSK,J wp _270)6 _)o21 petitioner, inciuding the s.rrbmission of the report in RC.No.B/ 77 | I 20 19, dated 29.O2.2O22.

9.

Therefore, in the abo.re 6fl6smstarces, especially taking into consideraticll the fact that the 4th respondent herein has ,,.rught for perrnission for rectification of village records as early as on 29.O2.2O22 and the same '.s still pending consideration before the 3.d respondent, this Court is inclined to dispose of the writ petitic-, at the stage of admission rvithout going into the rneni-s of the case in detail.

1O.

Accordingly, thc Wr:jt Petition is disposed of permitting the petitjcn,::r to ma-kc an on-line application for updation of the subject land on Dharani portal and for issuance of netv pattadar pass book.

Upon submission of on-line application by the petitioner, the respondent Nos.2 to 4 are directed to consider the on-line application submitted by the petitioner ,rn Dharani portal by duly taking into .i ---7 MSK,J wP_270)6_2022 consideration the report submitted by the 4th respondent to the 3'd respondent in RC.

No.

B / 77 | / 20 t9, dated 2,9.02. ed 2,9.02.2022 for rectifi cation of the village records and updation of the land being claimed by the petitioner on Dharani portal, and for consequentia-l issuance of pattadar pass book and pass orders thereon within a peric,d of eight (O8) weeks from the date of receipt of copy of this order.

11.

Accordingly, the Wrjt l:-:f:tion is disposed of with the above directions.

No ord<:r as to costs.

L2.

As a sequel, miscellar.i::ous applications pending if any in this Writ Petition, sl:aLi stand closed.

5 //TRUE COPY// To, l.ThePrlsecretary,RevenueDepartment'secreteriate'StateofTelangana' SD/.NAGALAKSHMI DEPUTYREGISTRAR srfrfloi,r oFFrcER Hyderabad.

2; The District Collector, Hanamkonda' Hanamkonda District 3 The Revenue Divisional Officer' RDO Office'Opp to Max Care Hospital' '' ninamt<onOa.

Hanamkonda District' The Mandal Revenue Officer, Mandal Revenue Hanamkonda District One CC to SRl.

SHARAT CHANDFG A Advocate IOPUC] Two CCs to GP FOR REVENUE' High Court for the State of Telangana touTl Two CD CoPies One SPare CoPY Office, KhaziPet' 4 E 6 7 8 S.D \\- t---- \ -1 '7 $, HIGH COURT DATED | 2710612022 1EL4 s' c ,$ * !tl ORDER WP.

27036 of 2022 ' * 't f F- t() ,rl. i:)i .r * J1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I I I o 9,r-e" \b'