HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17867 of 2021
Date:11.08.2021
Between:
Swaroop Dhupar W/o.S.P.Dhupar,
Aged 69 yrs, Occu : Housewife,
R/o.Plot No.72, Gunrock Enclave,
Phase-I, Gate 4, Secunderabad & another
.....Petitioners
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue Department,
Secretariat at Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.17867 of 2021
ORDER :
This writ petition is filed seeking the following relief : "...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 3 & 4 in not mutating the names of the Petitioners herein in respect of land admeasuring Ac.1-22 Gts falling in Sy.No.852, Ac.11-18 Gts falling in Sy.no.858 and Ac.5-29 Gts falling in Sy.no.859 and Ac.4-39 Gts falling in Sy.no.889 of Medchal Village and Mandal, Medchal-Malkajgiri District in terms of Final Decree dated 26.10.2018 passed in O.S.No.84 of 2004 by the Honble I Addl. Chief Judge, City Civil Court, which suit was decreed basing on the judgment dated 18.10.2016 passed in SLP(C).No.18618 of 2012 of the Hon'ble Supreme Court in terms of the settlement agreement reached between the parties to the partition suit, as illegal, arbitrary, violative of the provisions of the Telangana Rights in Land and Pattedar Passbooks Act, 2020 violative of the final decree dated 26.10.2018 and the judgment of the Honourable Supreme Court dated 18.10.2016, violative of CCLA's Circular No.1/2021 dated 15.01.2021 and violative of Articles 14 & 300A of the Constitution of India and to pass such other order..."
2. Heard Sri T.Surya Satish, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
3. On inter se dispute of share in the joint family property, petitioners and unofficial respondents were prosecuting the litigation that went up to the Hon'ble Supreme Court of India. During the pendency of Civil Appeal No.10846 of 2017 (Special Leave Petition (C) No.18618 of 2012) before the Hon'ble Supreme Court, the matter was referred to mediation and arbitration centre at Hyderabad. With active assistance of the mediation and arbitration centre parties have resolved the dispute. A settlement was entered into on 18.10.2016 recording the resolution of the dispute amicably, closing the curtains to inter se disputes. The Hon'ble Supreme Court recorded the settlement arrived at between the parties and closed the Civil Appeal.
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4. Based on the settlement arrived inter parties, petitioners applied for mutation of their names in the revenue records through Dharani web portal. The Dharani web portal assigned application number as LM2100031738 on 20.07.2021. It is contended that there is no further progress on the application made by the petitioners.
5. According to learned counsel for the petitioners, though petitioners have uploaded all the documents required along with the application, the web site displays that the petitioners to 'upload valid documents' without specifying what are the documents required.
6. The claim of the petitioners for mutation is referable to provisions in Sections 6 and 7 of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Under Section 6 of Act 9 of 2020 a person can apply for recording his name in the revenue records, having claimed to have acquired right to the property by succession/survivorship/inheritance. Section 7 seeks to give effect to the decision rendered by the competent Court. Section 7 requires the Tahsildar to allot date and time, intimate to the person and maintain such particulars in the register in a prescribed format. When that person appears on the date fixed by the Tahsildar, the Tahsildar is required to verify the record as required by Sub-Section (4) and if the claim is in compliance of Section 7, he should mutate his name and issue pattadar passbook.
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7. Apparently, except asking the petitioner for uploading the documents, without specifying what documents to be uploaded, the Tahsildar has not taken steps as required by Section 7.
8. Therefore, the Writ Petition is disposed of directing the Tahsildar to strictly follow the provisions of Act 9 of 2020. He shall fix a date for appearance of the petitioners by serving notice in advance. The Tahsildar shall also put on notice, respondents 5 to 10 and give them opportunity of hearing before considering the request of petitioners for mutation of their names in the revenue records based on the so called settlement arrived at inter parties on 18.10.2016. It is made clear that there is no expression of opinion and the claims of respective parties are preserved. If any of the parties to the settlement dt.18.10.2016 have any objection, it is open to the parties to appear and present their version before the Tahsildar on the date fixed for hearing. The Tahsildar shall fix the date of hearing and issue notice fixing the date within four weeks from the date of receipt of copy of this order. He shall complete the entire exercise within Ten (10) weeks from the date of receipt of copy of this order. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 11th August, 2021 Rds -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17867 of 2021 Date:11.08.2021 Rds