Boosa Srinivas Reddy, And Another vs The State of Telangana, And 6 Others

PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR Between: AND 2 Boosa Srinivas Reddy, S/o.

Late Raji Reddy, Aged about 54 years, Occ: Agriculturist, Fl/o H No 3-1 11, Ahalya Nagar.

Bornapalli - 505 468, Huzurabad Mandal, Karimnagar District.

Boosa lvlohan Reddy, S/o Late Raji Reddy Aged about 45 years, Occ .

Agriculturist, R/o H No 3-111, Ahalya.

Nagar.

Bornapalli - 505 468, Huzurabad Mandal, Karimnagar District. ...pETl,oNERS 1.

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

2.

The District Collector, Karimnagar, Karimnagar District 3.

The District Collector, Peddapalli, Peddapalli District 4.

The Revenue Divisional Officer, Ir/anthani, Peddapalli (Karimnagar) District 5.

The Tahsildar, Kamanpur [t/andal, Karimnagar District.

6.

The Tahsildar, Ramagiri Mandal, Peddapalli District.

7.

The Assistant Collector, Peddapalli, Peddapalli 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 direction or order more particularly one in the firm of writ of MANDAMUS by declaring the action of the respondent authorities in not mutating our names in the Revenue Records in respect of agricultural land to an extent of Ac.O-22 gts situated in Sy No.500 of Kalvacherla Village, Kamanpur Mandal, Karimnagar District though O.S.No.33/1983 was decreed in our favour and we approached the District Collector, Karimnagar and Ir/RO for mutation of our names in Revenue Records.

But till date the land is not mutated in our names .is highly illegal, arbitrary, contrary to Art 14, 16 and 300-4 of the Constitution of lndia and against the Principles of Natural Justice and consequently direct the respondent authorities to mutate the agricultural land in the revenue records, to an extent of Ac.0-22 gts., situated in Sy No. in Sy No.500 of Kalvacherla Village, Ramgiri Mandal, Peddapalli District belongs to the petitioners.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY TWO WRIT PETITION NO: 26506 OF 2022 il2lt vA 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 prayed that this Honorable court, in the interest of .iustice, pending disposal of the writ petition, direct the respondents direct the respondent authorities to mutate the agricultural land to an extent of Ac.o-22 gts., situated in Sy No.500 of Kalvacherla Village, Ramgiri Mandal, Peddapalli District belong to the petitioners in the revenue records.

Counsel for the Petitioner: SRl.

K.

SRINIVASA PRASAD Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.26 SOG of 2o22 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the respondent authorities in not mutating the names of the petitioners in revenue records in respect of agricultural land to an extent of Ac.O-22 guntas in Survey No 5O0, situated at Kalvacherla Viliage, Kamanpur Mandal, Karimnagar District' though O.S.No.33/ 1983 was decreed in their favour, as arbitrary and i11egal.

Heard learned counsel for the petitioners and learnedAssistantGovernmentPleaderforRevenueappearing for the resPondents.

3.

It is the case of the petitioners that they are the absolute owners and possessors of aforesaid land' The father of the petitioners has filed a suit in O'S No'33 of 1983 and the same was decreed in favour of father of the petitioners' The petitioners claim to have succeeded to the subject property from their deceased father. ed father.

The petitioners herein having succeeded to the said property, claim to have submitted an application on 21.O5.2012 to respondent No'2 herein requesting for ; \ MSK,J ' P 265A6 2022 implementation of their names in the revenue records in respect of the subject property and respondent No.2 through his letter L.No.Dll2206l2012, dated 24.O5.2012, forwarded the same to respondent No.5 for taking steps for implementatlon of the said decree.

However, respondent No.S failed to take any action till date.

After formation of new Mandals, now the subject land falls within the jurisdiction of respondent No.6.

4.

The petitioners claim to have submitted representations to respondent No.2 as well as respondent No.6 requesting for mutation of their names and for issuance of pattadar passbooks in respect of the subject lands in their names.

But, no action has been taken.

5.

Under those circumstances, the petitioners claim to have submitted an online application through Dharani portal uide application No.RC2100O06319 and the said application also kept pending without any consideration.

Under those circumstances, the petitioners approached this Court seeking appropriate orders to direct the respondents to consider the said online application submitted by the petitioners.

Learned Assistant Government Pleader for Revenue submitted that the respondents wouid consider the the online application submitted by the petitioners, if the same is in order.

2 MSK,J wP-26506 -2022 7 .

Taking into consideration the submissions made on either side, the Writ Petition is disposed of directing respondent No.3 to consider the online application No.RC2100006319 submitted by the petitioners for implementation of the decree passed by the Civil Court in O.S.No.33 of 1983 and pass appropriate orders, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

If for any reason, respondent No. ondent No.3 comes to the conclusion that the request of the petitioners cannot be acceded to, respondent No.3 shall afford an opportunity of hearing to the petitioners and then pass orders, as directed above.

Miscellaneous petitions, pending if any, shall stand closed.

There shall be no order as to costs \ To, 4.

CHR PS ,=,,??frHi'*'iil //rRUE coPY// secnLsfrorrrcen rhe District corrector, P"ooB|.XX;5"i39SSii3i8ltjq One CC to Sri K.

Srinivasa Two CCs to GP for neuenueil]6t'co"tioilde Stat6 of Telansana at Hvderabad. [OUT] Two CD CoPies One SPare CoPY 1 2 J I a HIGH COURT DATED:2310612022 ORDER W.P.No.26506 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 15 luL 2022 ,:. o 7 a l itE ST4 15 a) -L €.iP/ (: T 1\