HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.40900 OF 2022
ORAL ORDER:
Heard Mr. K.S. Suneel, learned counsel for the petitioner and
learned Assistant Government Pleader for Revenue appearing on
behalf of respondent Nos.1 to 4 and learned Assistant Government
Pleader for Forest appearing on behalf of respondent No.5.
2. The petitioner herein is claiming that he is the absolute owner and possessor of the agricultural land to an extent of Acs.5.00 in Survey Nos.871/5 and 871/6, situated at Mallapur Village and Mandal, Jagityal District, out of which, an extent of Acs.3.00 guntas was acquired by way of succession, while the remaining extent of Acs.2.00 guntas was assigned to her by way of patta certificate dated 15.07.1991. In proof of the same, she has filed copies of old title deed, pahani and judgment and decree dated 30.08.2006 in O.S. No.37 of 1996 passed by the learned Junior Civil Judge, Metpalli; judgment and decree dated 20.07.2010 in A.S.No.2 of 2007 passed by the learned II Additional District Judge, Karimnagar at Jagtial and the judgment dated 19.02.2016 in S.A. No.793 of 2015 passed by this Court.
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3. Earlier, the petitioner herein made an application to the Tahsildar, Mallapur Mandal, with a request to mutate her name and the Tahsildar did not consider the same. Therefore, she has approached the Mandal Legal Services Committee, Metpelli and the Lokayukta. Vide letter dated 22.12.2019, respondent No.3 informed the Chairman, Mandal Legal Services Committee stating that the aforesaid land is not under cultivation by the petitioner since the said land is lying within the Contour Trenches dug by the Forest Department i.e., within the boundary / limits of Reserve Forest. Hence, online entries could not be recorded in respect of the said land in favour of the petitioner for issuance of pattadar pass book. Vide letter dated 18.11.2017, respondent No.3 informed the Sub-Collector, Metpelli that the subject land is assigned to the petitioner and is falling under the Reserve Forest. Thereafter, the Sub-Collector, Metpelli, has submitted a report to respondent No.2.
4. According to Mr. K.S. Suneel, learned counsel for the petitioner, respondent No.2 has to implement the aforesaid judgment in O.S.No.37 of 1996 confirmed by the appellate Court in A.S. No.2 of 2007 and S.A.No.793 of 2015.
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5. On the other hand, learned Assistant Government Pleader for Revenue, on instructions, would submit that as per CCLA Circular No.1/2021, dated 15.01.2021, the petitioner herein has to make on-line application to respondent No.2 along with all the documents, and on receipt of the same, respondent No.2 will consider and pass appropriate orders in accordance with law.
6. Whereas, learned Assistant Government Pleader for Forest, on instructions, would submit that the subject land belongs to the Forest Department. The said submission is contrary to the aforesaid judgment and decree. It is relevant to note that learned Junior Civil Judge, Metpally decreed the suit filed by the petitioner vide O.S. No.37 of 1996 for declaration of title and perpetual injunction. Therefore, now respondent No.5 cannot contend that it is forest land.
7. In supersession of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (Act, 26 of 1971), the State promulgated the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Act 9 of 2020 simplified procedure of entries in revenue records and confined to three circumstances in which request can be made for alteration of entries in revenue records i.e. 4 KL,J W.P. No.40900 of 2022 sale/gift/mortgage, succession/survivorship/inheritance and by way of Court decree. The petitioner claims to have acquired right by way of succession. However, she has to submit online application with respondent No.2 in terms of the said Circular with a request to mutate her name for issue of e-pattadar pass book.
8. In view of the above discussion, this Writ Petition is disposed of granting liberty to the petitioner to submit online application with respondent No.2 in terms of the aforesaid Circular. On submission/receipt of the said online application, respondent No.2 shall consider the same and pass appropriate orders in accordance with law by putting the petitioner herein and all affected parties on notice and affording them an opportunity of hearing to them. If respondent No.2 is not inclined to consider the request of the petitioner, he shall assign specific reasons and pass a reasoned order. He shall communicate copy of the order to the petitioner. He shall complete the entire exercise within eight (08) weeks from the date of submission/receipt of the said online application. However, in the circumstances of the case, there shall be no order as to costs. 5
KL,J W.P. No.40900 of 2022 As a sequel, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J 8th November, 2022 Mgr