Marepally Durgamma v. The State Of Telangana

n [32s6 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 36990 OF 2024 Between:

Marepally Durgamma, W/o. Saidulu Aged. B0 years, Occ. HouseWife, R/o. 1-74, Thopucharla Village, Madugulapally lVlandal, Miryalaguda, Nalgonda District ...PETITIONER AND

1. The State of Telangana, rep. By its Secretary, Department of Revenue, Secretariat. Hyderabad.

2. The District Collector, Nalgonda District.

3. The Tahsildar, Madugulapally Mandal, Nalgonda Diskict. _\ ...RESPONDENTS Petition under Article 226 ol 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 of Mandamus or any other appropriate Writ, declaring the action of the respondent No.2 and 3 in not mutating the land in the name of the petitioner vide application No. 2400427130, dl. 05-07-2024 as illegal, arbitrary, against the principles of natural justice, without authority of law and against Article 300-A of Constitution of lndia and consequently direct the respondentNo.2 and 3 to mutate the land as claimed vide application No. 24OO427130, dl. 0510712024 and issue pattedar passbook

.,/ / lA NO: 1 OF 2024 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.2 and 3 consider the petitioher's ap'plication No. 2400427130, dt.0510712024 for mutation of land, pending disposal of writ petition Counsel for the Petitioner: SRl. K. JAGADISHWAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

/, 'n'

THE HON'BLE SRI JUSTICE C.V,BHASKAR REDDY WRIT PETITION No.36990 of 2o24 ORDER:

This Writ Petition is filed under Artrcle 226 of the Constitution of India for the following relief:

"..to rssue uit or order or direction more particularfu in the nature of Wit of Mandamus decloing the action of tLre respondent No.2 and 3 in not mutating the land in the name of the petitioner uide application No.2400427130, dt.05.O7.2024 as illegal, arbitrary, against the pinciples of natural justice, uithout authoitg of latu and against Article 3OO-A of Constitution of India and consequently direct the respondent No.2 and 3 to mutate the land as claimed uide appltcation No.24OO427l30, dt.05.07.2o24 and issue pattedar passbook and pass.."

2.

Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3.

It is stated that the petitioner's son was the pattadar and possessor of !h. land admeasuring Ac.O.36OO gts., in Sy.No.193/y/1/1, Ac.0.08O0 in Sy.No.194/Ru/1/1, total admeasuring Ac. 1 .O4 gts., situated at Indugula Village, Mandugulapally Mandal, Nalgonda District and his narne was recorded in the revenue records and pattadar passbook was also issued in respect of the said property as per the provisions of the Telangana Rights in [,and and Pattadar Passbooks Act, 1971 and the

CVBR, J wp 36990_2024 Rules made thereunder. The case of the petitioner is that after the death of her son, she has made an application uide No.24OO427l3O seeking for grant of Pouthi lzafa and, consequential issuance of pattadar passbook in respect of the subject properqy as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short, 'ROR Act, 2O2O). Tt,.e grievance of the petitioner is that the respondents are not considering the said application and passing orders in accordance with law and in view of not considering the said application and not updating the revenue records, she is not in a position to enjoy the benefits of investment subsidies sanctioned by the Government under various schemes. Therefore, she has filed the present writ petition.

4.

Learned Assistant Government Pleader for Revenue has contended that thc pctitioner has not produced any succession certificate issued by any competent Civil Court and since, there are interse clisputes between the petitioner and the wife of the deceased son, they are not in a position to conduct enquiry for issuance of mutation proceedings.

5.

Keeping in view the relief sought for by the petitioner in this writ petition, ends of justice would be met if the petitioner is permitted to make a fresh online application in appropriate module of Dharani portal by duly enclosing the Consensus

nCVBR, J wp_36990_2074 Statement/ Settlement Deed arrived at by the family members for sanction of Pouthi lzafa and consequential issuance of the pattadar passbook in respect of the subject property as per the provisions of the Act, 2O2O, within a period of two (02) months from today. On filing such application, the Tahsildar is directed to conduct enquiry and pass appropriate orders after issuing notice to the petitioner and all other interested/ affected parties by way of granting succession rights and consequential issuance of the pattadar passbooks, within a period of three (03) months from the date of submission of the said online application.

6.

With the above observations, this Writ Petition is disposed of No order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

SD/.T.JAYASREE ASSISTANT REGISTRAR //TRUE COPY// S cTloN OFFICER To,

1. The Secretary, Department of Revenue, Secretariat' T'S 'Hyderabad' z. ifre olstrict i6ttector, Nalqonda District'

5. iii; i;ti;',ldar, rv jougutapillv Man{a! !alsonda District ;. o;; bCi;-BAi. K:liciiordnWAa BEPdY, Advocate toPg-cl ;. iil; d6ri"-ci rbn neve luE ,Hish court for the state of Telansana at Hyderabad [OUT]

6. Two CD CoPies B TVI /BSK utv

t L o HIGH COURT DATED:31 11212024 165'=\

ORDER

WP.No.36990 of 2024 0 3 APn 2025 ) ci ,} 0.ss!TC ccg DISPOSING OF THE WRIT PETITION WITHOUT COSTS t -$:f