HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.22241 OF 2023
ORDER (ORAL):
This writ petition is filed by the petitioner aggrieved by the inaction of respondent Nos.2 and 4 - the District Collector, Sangareddy, Sangareddy District, and the Tahsildar, Munipalli Mandal, Sangareddy District respectively, in passing orders on his on-line Application No.2300121353 dated 28.07.2023 for issuance of new Pattadar Passbook and making necessary corrections in Dharani Portal in respect of the land admeasuring Acs.10-37 guntas in Survey No.5 situated at Chelmeda Kalan Village, Munipalli Mandal, Sangareddy District, as illegal and arbitrary.
2.1. It is claimed by the petitioner that he is absolute owner and possessor of the agricultural land admeasuring Acs.10-37 guntas in Survey No.5 of Chelmeda Kalan Village, Munipalli Mandal, Sangareddy District, having purchased the same under the registered sale deed bearing document No.2282 of 2023 dated 21.11.2003 from his vendor Mr. Krishna alias Vijaya Krishna alias 2 Kistaiah, son of Venkataswamy, who got the subject land by way of registered Will dated 01.02.1979 executed by one Mrs. Kanchari Kistamma, wife of Ramakistaiah. Mrs. Kistamma died on 04.07.1980 and after her death, the petitioner's vendor became absolute owner and possessor of the subject land.
2.2. After the death of Mrs. Kistamma, as some persons namely Papaiah, Adavaiah and Rukkamma illegally occupied the subject land, the petitioner's vendor filed a suit in O.S. No.52 of 1982 and the same was decreed. Assailing the same, A.S. Nos.3 and 4 of 1989 were preferred before the District Court, Sangareddy and the same were disposed of remanding them to the trial Court. Questioning the same, the petitioner's vendor preferred C.M.A. Nos.1007 and 1008 of 1992 before this Court and the same were allowed on 15.04.2002 confirming the judgment and decree in O.S. No.52 of 1981 declaring that the petitioner's vendor as owner, and therefore, he is entitled for possession.
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2.3. Thereafter, E.P. No.25 of 2003 was filed by the petitioner's vendor and possession was delivered to him and since then he has been in possession and enjoyment of the subject land. Subsequently, the petitioner's vendor sold the subject land to the petitioner under the registered sale deed dated 21.11.2003.
2.4. It is further submitted that the petitioner approached the Mandal Revenue Officer, Munipalli for mutation of his name in the revenue records and accordingly orders were issued in Proceedings No.D/2013/2004 dated 10.11.2004 duly recording the petitioner's name in all the revenue records and issued pattadar pass book and title deeds bearing No.565 in his favour and his name was reflected in all the pahanies, however, name of one Mrs. Rukkamma was wrongly shown in pattadar column. Taking advantage of the same, as Mrs. Rukkamma and her associates tried to interfere with his possession over the subject land, the petitioner filed O.S. No.371 of 2022 on the file of the learned Principal Junior Civil Judge, Sangareddy, for the relief of declaration of title, perpetual 4 injunction and also correcting revenue records and the same is pending.
2.5. While the matter stood thus, the petitioner submitted online application by enclosing all documents requesting to make necessary corrections and to issue new pattadar passbook by making corrections in Dharani Portal in respect of the subject land. However, the respondents, so far, did not act upon the petitioner's application and as there was delay, the petitioner was constrained to approach this Court.
3. Heard Mr. P. Ravi Shanker, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue, and perused the material on record.
4. The learned Assistant Government Pleader for Revenue submitted that appropriate action will be taken on the on-line application submitted by the petitioner through Dharani Portal.
5. Recording the aforesaid submission of the learned Assistant Government Pleader for Revenue, the writ petition is 5 disposed of, at the admission stage itself, directing the respondents to forthwith act upon the petitioner's online Application No.2300121353 dated 28.07.2023 submitted through Dharani Portal in respect of the subject land admeasuring Acs.10.37 guntas in Survey No.5 situated at Chelmeda Kalan Village, Munipalli Mandal, Sangareddy District, by issuing notice to all interested / affected persons and pass orders on merits by giving opportunity of hearing to all concerned in accordance with law within a period of forty-five (45) days from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed ______________________ B. VIJAYSEN REDDY, J September 19, 2023.
PV