Shaik Khaja Miya v. The State Of Telangana

[3168 I HIGTI COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER, TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 46690 OF 2022 lletrvecn:

SHAIK KHAJA MIYA, S/o Shaik Khudubuddin, Occ . Govt. Employee R/o Suryapet Town and District ...PETTTTONER(S) AND l. The State of Telangan4 Rep. by its Prl. Secretary to Govt. Secretariat, Hyderabad Revenue Department

2. The District Collector, Nalgonda District Collector's Office, at Nalgonda

3. The Revenue Divisional Officer, Nalgonda Division, At Nalgonda

4. The Tahsildar, Shaligowraram Mandal Nalgonda District I ...RESPONDENTS Petition under Article 226 of the Constitution ol India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANODAMUS by declaring the impugned action of respondent No.2 herein in rejecting the petitioner's application to include his caste at column No.5 in the Pattedar pass book and also rejecting to include the land totally admeasuring Ac.3.l I gts., in Sy.No.79614,, 796lAA and 796lEE, situated at Chittaluru village, Shaligowraram Mandal, Nalgonda District in the pattedar pass book as arbitrary, illegal, void abinitio besides violative of Art.

21 and 300-4 of Constitution of India and violative of principles of natural justice and consequently direct the 2'd respondent to consider the application of the petitioner to include the land totally admeasuring Ac.3.l I gts., in Sy.Nos.7961,4', 796/AA and 796lEE, situated at Chittaluru vittage, Shaligowraram Mandal, Nalgonda District in the pattedar pass book and also include the petitioner's caste i.e., BC-E in the pattedar pass book (DIGITAL) IA NO: I OIt 2022 I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support ofthe petition, the I{igh Court may be pleased to direct the 2nd respondent to consider the applicatiorr of the petitioner to include the land totally admeasuring Ac.3.l I gts., in Sy.No.79614, Ac.1-09 gts., Sy. No.79614A Ac-0.16 gts., and Sy. No.796lEE, Ac.l.26 gts.

------7 Nalgonda District in the pattedar pass book and also include the petitioner's caste i.e., BC-E in the pattedar pass book (DIGITAL);

/.

Counsel for the Petitioner(s):SRl. J ASHVINI KT MAR Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER / l

HON'BLE SRI JUSTTCE K" LAI(SHMAN WRIT PEf,ITION No.4669O of 2ol22 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

2. The petitioner herein is claiming that he is absolute owner and possessor of land admeasuring Ac.3- 10 gts ln Sy.No.8O1/31, Ac.0-23 gts 1n Sy.No.802/31, Ac.2-15 gts in Sy.No.8O3/1, Ac.1-O9 gts in Sy.No.796/A, Ac.0-16 gts in Sy.No.796lAA, Ac-l-26 gts 1ri Sy.No.796/EE, situated at Chittaluru Village, Sha,ligowraram Mandal, Nalgonda District. In proof of the same, he has filed copy of old Pattadar passbook. In the latest Pattadar passbook, land admeasuring Ac.3-1000 in Sy.No.8O1/31 and Ac.0-230O gts 1n Sy.No.8O2/31 is mentioned and other extents are missing. Therefore, he had submitted online application vide ID No.26T|2440OOO32i8 dated O9.O5.2022 with t}:,.e 2"d respondent with a request to correct the aforesaid

wrong entries. The said online application was rejected by the 2"d respondent with one word i.e., "Rejected". The 2"a respondent did not assign any reasons and it is not a reasoned c,rder. Any order passed by the 2.d respondent without reasons is an order without application of mind and it is nr.rllit5r. The rejection order is liable to be set aside.

3. Sri J.Ashvini Kumar, learned counsel for the petitioner rvrulrl submit that petitioner belongs to BC-E, his caste narne is not mentioned in the Pattadar passbook. Therefore, respondent No.2 is not issuing digital Passt,ook. In proof of the same, he has liled copy of Community and Date of Birth Certificate dated ll.O9.2O2O issued by respondent No.4. Therefore, respondent No.2 did not consider the same.

4. In view of the aforesaid discussion, without going into nrerits and demerits of the case, this Writ Petition is clisposed of, settirrg aside the rejection order. Matter is remanded back to the 2"d respondent wittr a

direction to consider the a-foresaid online application submitted by the petitioner afresh and pass appropriate orders in accordance with law by putting the petitioner and a1l affected parties on notice and allording them an opportunity of hearing. Il the 2"d respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (08) weeks frgm the date of receipt gf a copy of this ordgr. There sha]l be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. I \ SD/-N.SRIHARI ASSISTANT REGISTRAR /iTRUE COPY// SECTION OFFICOR To, The Prl. S€cretary to Govt. Secretariat, Hyderabad Revenue Department' State of Telangana" Hyderabad.

2. The District Collector, Nalgonda District Collector's Office, at Nalgonda

3. The Revenue Divisional Officer, Nalgonda Division, At Nalgonda

4. The Tahsildar, Shaligowraram Mandal Nalgonda District

5. One CC to SRI. J ASHVINI KUMAR Advocare [OPUC]

6. Two CCs to GP F'OR REVENUE .lligh Court for the State of Telangana. [OUT]

7. Two CD Copies

HIGH COUR]I KLJ DATED:30112,'ii:.022

ORDER

, e 1S K, , I 'i 21 ;nr zon WP.No.46690 ,tf 2{t22 /l .. '-:\f f . .a 't)"

WP IS DISPOSED OF WITHOUT COSTS