Dabbula Kousalya vs The State Of Telangana

Citation : 2022 Latest Caselaw 5815 Tel
Judgement Date : 14 November, 2022

Telangana High Court
Dabbula Kousalya vs The State Of Telangana on 14 November, 2022
Bench: K.Lakshman
          HON'BLE SRI JUSTICE K. LAKSHMAN

           WRIT PETITION No.41449 of 2022

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

2. According to the petitioner her husband late D.Janardhan Reddy was the absolute owner and possessor of the land admeasuring Ac.1-08 gts in Sy.No.250, situated at Komreddypally Revenue Village, Gandeed Mandal, Mahabubnagar District. Her husband had filed suit vide O.S.No.78 of 2008 for declaration and perpetual injunction and the same was decreed on 13.02.2011 by the leaned Senior Civil Judge, Vikarabad. Her husband died on 21.02.2020. She is claiming right over the aforesaid property basing on the aforesaid decree and judgment. She had submitted online application No.RC2200006972 dated 08.07.2022 with the 2nd respondent with a request to mutate her name and issue E-pattadar passbook. Having received and acknowledged 2 the said online application, the 2nd respondent did not act upon the same. Therefore, the present Writ Petition.

3. Whereas, the learned Assistant Government Pleader for Revenue, on instructions would submit that the 2nd respondent will consider the said online application and pass appropriate orders in accordance with law.

4. It is relevant to note that in supersession of the Telangana Rights in Land and Pattadar Pass Book Act, 1971 (Act No.26 of 1971), the State promulgated the Telangana Rights in Land and Pattadar Pass Book Act, 2020 (Act No.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 the revenue records i.e., sale /gift /mortgage, succession / survivorship /inheritance and by way of court decree.

5. In view of the said discussion, this Writ Petition is disposed of directing the 2nd respondent to 3 consider the online application No.RC2200006972 dated 08.07.2022 submitted by the petitioner and pass appropriate orders in accordance with law by putting the petitioner and all effected parties on notice and affording them an opportunity of hearing. If, the 2nd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

___________________ K. LAKSHMAN, J November 14, 2022 SSY 4 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.41449 of 2022 November 14, 2022 SSY