Thokala Prabhanjan Reddy And 5 ... vs The State Of Telangana And 3 Others

Citation : 2021 Latest Caselaw 3040 Tel
Judgement Date : 27 October, 2021

Telangana High Court
Thokala Prabhanjan Reddy And 5 ... vs The State Of Telangana And 3 Others on 27 October, 2021
Bench: A.Abhishek Reddy
          THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                  WRIT PETITION No.26842 of 2021
ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue for respondent Nos.1 to 4. With their consent, the Writ Petition is disposed of at the admission stage.

The present writ petition is filed challenging the proceedings, dated 25.07.2020 in Rc. No. B/535/2018, issued by the Tahsildar, Dharmasagar, respondent No. 4 herein, in rejecting the request of the petitioner No. 1 seeking mutation and issuance of Pattadar Pass Books in respect of the subject land, basing on the final decree proceedings passed in I.A. No. 781 of 1989 in O.S. No. 3 of 1978, dated 03.03.1998 and the execution proceedings in E.P. Nos. 89 of 2010 and 95 of 2010 on the file of II Additional District Judge, Warangal District.

Learned Counsel for the petitioners has stated that the respondent No.4 has passed the impugned order without application of mind. It is contended that once a decree is passed by a competent Civil Court, the same has to be implemented in true letter and spirit by the revenue authorities. But, the respondent No.4, without taking into account the said judgment and decree, has passed the impugned order.

Learned Government Pleader has stated that due to the repeal of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, by the Telangana Rights in Land and Pattadar Pass Books Act, 2020, the competent authority, for making any 2 changes in the revenue records or implementing the Court orders, is the concerned District Collector and in case the petitioners file fresh application(s) through online Dharani portal, the same will be considered and necessary orders will be passed in accordance with law.

Having regard to the above made submission, without going into the merits or demerits of the case, the petitioners are directed to submit applications ventilating their grievance, through online Dharani Portal, to the respondent No. 2 within a period of two weeks from the date of receipt of a copy of this order and on receipt of such application, the respondent No. 2 shall consider and pass orders thereon in accordance with law within twelve weeks thereafter. Without adverting to the rejection order, dated 25.07.2020, it is made clear that before passing any orders, the respondent No. 2 shall put all the interested parties on notice, give them an opportunity of hearing and consider the objections if any.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 27.10.2021 Smr/tsr