HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION No.24788 of 2023
ORDER:
This writ petition is filed to declare action of the respondent authorities in not updating the entries in Dharani Portal in respect of the agricultural land admeasuring Acs.8-05 guntas in Survey No.817 situated at Juntinagulagudem area, Paloncha Village and Mandal, Bhadradri Kothagudem District, pursuant to online application No.2300132977, dated 23.06.2023, submitted by the petitioner as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India, and for a consequential direction to the respondents to enter the name of the petitioner in Dharani Portal in respect of the said subject land and issue pattadar passbook.
2. It is claimed that the petitioner is the absolute owner and possessor of the aforesaid subject land. That one Thursam Veeraswamy and another tried to occupy the land of the petitioner without any title. The petitioner's mother by name Meer Bee Janbee and his brother Meer Yakub Ali filed a suit in O.S.No.284 of 1994 on the file of the Junior Civil Judge, Kothagudem, for perpetual injunction. The suit was decreed by judgment dated 18.07.2000. The defendants preferred appeal in A.S.No.26 of 2000 before the Principal Senior Civil Judge, Kothagudem, and the same was dismissed by ::2::
BVR,J WP.No.24788_2023 judgment dated 11.12.2007 confirming the decree in O.S.No.284 of 1994. The defendants preferred Second Appeal in SA.SR.No.33802 of 2013 before this Court. Meanwhile, the decree-holders filed Execution Petition. The defendants raised objection contending that the suit property is located in agency area, as such, the Civil Court lacks inherent jurisdiction in entertaining the suit or Execution Petition.
3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and perused the record.
4. Learned counsel for the petitioner referred to the order dated 21.02.2019 passed in CRP.No.5440 of 2015, wherein the revision petitioners, who are the defendants in O.S.No.284 of 1994, contended that the suit property is located in agency area and the Civil Court has no jurisdiction to entertain the suit or Execution Petition, and that by noting that the Second Appeal preferred by the petitioners therein was rejected on merits, the Civil Revision Petition was dismissed. It is further submitted by the learned counsel that in view of dismissal of CRP.No.5440 of 2015 and rejection of the Second Appeal instituted by the defendants, the petitioner is entitled to get his name mutated in revenue records and for issuance of pattadar passbook in respect of the subject land pursuant to his online application No.2300132977 dated 23.06.2023.
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BVR,J WP.No.24788_2023
5. Learned Assistant Government Pleader for Revenue submitted that appropriate action will be taken by the respondents on online application of the petitioner.
6. Recording the above submissions of the learned Assistant Government Pleader for Revenue, this writ petition is disposed of directing respondent Nos.2 and 4 to consider online application of the petitioner vide Application No.2300132977, dated 23.06.2023, for entering his name in Dharani records in respect of the agricultural land admeasuring Acs.8-05 guntas in Survey No.817 situated at Juntinagulagudem area, Paloncha Village and Mandal, Bhadradri Kothagudem District, and also for issuance of pattadar passbook, by issuing notice to all interested/concerned persons and pass appropriate orders within a period of 45 days from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
_____________________ B. VIJAYSEN REDDY, J September 06, 2023 vv