HON'BLE SRI JUSTICHE K. LAKSHMAN
WRIT PETITION No.41803 of 2022
ORDER:
Heard Sri Mohammad Irfan, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondents.
The petitioners are claiming that they are the absolute owners and possessors of land admeasuring Ac.6-20 gts., in Sy.No.123 situated at Patloor village, Marpally mandal, Vikarabad district, on strength of registered sale deed bearing document No.18 of 1970 dated 16-01-1970. In the sale deed survey number is wrongly mentioned. Therefore, they have filed a suit vide O.S.No.87 of 2013 against their vendor seeking declaration of title and consequential relief of perpetual injunction and also for rectification of the aforesaid wrong entries. The same was decreed on 20-04-2018 and rectification was effected. In proof of the same, they have filed copies of sale deeds, decree and judgment in O.S.No.87 of 2013 and rectification deed bearing document No.6537 of 2019 dated 09-07-2019. The petitioners herein have submitted online applications bearing 2 Nos.RC2100009104, RC2100009106, RC2100009107 and RC2100009102, dated 18-11-2021 with respondent No.2 with a request to mutate their names and issue E-pattedar pass books. Despite receiving and acknowledging the said online applications, respondent No.2 did not act upon the same, therefore, the present writ petition.
Whereas learned Assistant Government Pleader for Revenue, on instructions, would submit that respondent No.2 will consider the said online application submitted by the petitioner and pass appropriate orders, in accordance with law.
It is relevant to note that 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. sale/gift/mortgage, succession/survivorship/inheritance and by way of Court decree.
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In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.2 to dispose of the online applications bearing Nos.RC2100009104, RC2100009106, RC2100009107 and RC2100009102 dated 18-11-2021 submitted by the petitioners and pass appropriate orders, in accordance with law by putting the petitioners and all affected parties on notice and affording them an opportunity of hearing. If respondent No.2 is not inclined to accept the claim / request of the petitioners, he shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioners herein. He shall complete the entire exercise within a period of eight (8) 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 17, 2022 PN 4 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.41803 of 2022 November 17, 2022 PN