HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.4568 of 2023
ORDER:
Heard Sri G. Venkat Reddy, learned counsel appearing for the petitioner and Sri J. Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
The petitioner is claiming that she is the absolute owner and possessor of land admeasuring Ac.3-00 gts., in Sy.Nos.154, 155 and 156 situated at Kothur village, Kandukur mandal, Ranga Reddy district, on the strength of a registered sale deed bearing document No.6450 of 1983 dated 25-08-1983. When one Dr.Anoop K. Reddy is tried to interfere with the possession of the petitioner over the aforesaid property, she had filed a suit vide O.S.No.290 of 2022 seeking declaration of title, grant of permanent injunction and also mutation of her name in Revenue record against Dr.Anoop K. Reddy and respondent Nos.2 and 3 herein. The said suit was 2 decreed on 30-11-2022 by the learned Principal Senior Civil Judge, Ranga Reddy District at Ibrahimpatnam. Thereafter the petitioner herein has submitted online application bearing No.RC2300000213 dated 04-01-2023 with respondent No.2 with a request to mutate her name, issue E-pattedar passbook and also implement the aforesaid decree and judgment in O.S.No.290 of 2022 dated 30-11-2022 passed by the Prl. Senior Civil Judge, Ranga Reddy District at Ibrahimpatnam. Despite receiving and acknowledging the said online application, 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.
3
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. In the present case the petitioner seeking right over the subject property on the strength of a registered sale deed and decree in the aforesaid suit.
In view of the aforesaid discussion, this writ petition is disposed of, directing respondent No.2 to dispose of the online application bearing No.RC2300000213 dated 04-01-2023 submitted by the petitioner and pass appropriate orders, in accordance with law by putting the petitioner, Dr.Anoop K. Reddy and all affected parties on 4 notice and affording them an opportunity of hearing. If respondent No.2 is not inclined to accept the claim / request of the petitioner, he shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioner. 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 February 16, 2023 PN 5 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.4568 of 2023 February 16, 2023 PN