Pallamari Balappa vs The State Of Telangana

Citation : 2021 Latest Caselaw 2042 Tel
Judgement Date : 8 July, 2021

Telangana High Court
Pallamari Balappa vs The State Of Telangana on 8 July, 2021
Bench: P Naveen Rao
           HONOURABLE SRI JUSTICE P.NAVEEN RAO

               WRIT PETITION No.15233 of 2021

                        Date:08.07.2021

Between:

Pallamari Balappa, S/o. Laxmaiah,
Aged 65 years, Occ: Agriculture Coolie,
R/o. Lenkal Village, Narva Mandal,
Narayanpet District.

                                          .....Petitioner

     And

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

                                          .....Respondents




The Court made the following:
                                          -2-




           HONOURABLE SRI JUSTICE P.NAVEEN RAO

                  WRIT PETITION No.15233 of 2021


ORDER :

This writ petition is filed praying to grant following relief: "... to issue an appropriate Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, to declare inaction of the respondent No.2 in giving directions to 4th respondent herein to enter the petitioners land in Sy.No.603/A2/3, admeasuring Ac.4.35 gts., situated at Lenkal Village, Narva Mandal, Narayanpet District in Dharani portal in terms of the mutation orders passed by the 4th respondent bearing No.B/1497/2020 dt.23.07.2020, pursuant to the representation dt. 21.05.2021, as being illegal, arbitrary and unjust and consequently direct the respondents to enter the name of the petitioner in Dharani Portal in respect of the above said land, and to grant such other relief or reliefs...."

2. Heard Sri Mohd. Nayeemuddin, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

3. According to petitioner, his wife Smt Pentamma succeeded to Acs.4.35 guntas of land in Sy.No.603 of Lenkal Village, Narva Mandal, Narayanapet District from her father Sri Kurmanna. As there was dispute with regard to division of property, she instituted O.S.No.17 of 2010 in the Court of Junior Civil Judge at Atmakur praying to grant decree of partition and separate possession. A preliminary decree was granted on 19.01.2012 and later property was divided with metes and bounds and in accordance thereof, wife of petitioner's property was earmarked clearly and possession was vested in her. After the death of his wife, petitioner claimed to have succeeded to the said property. Petitioner claimed to have applied to mutate his name in the revenue records by enclosing copy of the judgment and decree granted in favour of his wife, her death certificate and other documents. On 23.07.2020, the Tahsildar issued proceedings granting mutation in favour of the petitioner. Thereafter, petitioner filed application to enter his name -3- in the Dharani Web Portal. Alleging inaction, this writ petition is filed.

4. The Chief Commissioner of Land Administration issued Circular No.1 of 2021, on 15.01.2021, authorizing the District Collectors to look into the grievances of citizens on various aspects concerning entries in the revenue records. A person, who has a grievance on any aspect concerning entries in the revenue records and issuance of pattadar passbooks, has to make an application through online web portal Dharani. In the case on hand, petitioner claims to have made application only in physical form which is not maintainable.

5. In view thereof, the Writ Petition is disposed of, granting liberty to the petitioner to file application through Dharani Web Portal, by uploading all the documents in support of his claim to enter his name in the revenue records in Dharani Web Portal and to issue pattadar passbook. If such application is made, the District Collector shall consider the request of petitioner and take appropriate decision as warranted by law, within a period of Ten (10) weeks from the date of receipt of such application. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 8th July, 2021 Rds / PT -4- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.15233 of 2021 Date:08.07.2021 RDS/PT