HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.26267 OF 2023
ORDER: (ORAL)
This writ petition is filed to declare the action of respondent
Nos.2 and 4 in not disposing of the petitioner's application filed through Dharani Portal vide application No.HS2300004463 dated 25.05.2023, for issuance of PPB/NALA conversion shown as house/house site in respect of the petitioner's land admeasuring Ac.0-29.61 guntas in Survey No.1677/A situated in Peddapapaiahpalli Village, Huzurabad Mandal, Karimnagar District, as arbitrary and unconstitutional.
2. It is claimed that the petitioner is the absolute owner and possessor of the aforesaid land having purchased the same from Muppu Rajaiah vide registered sale deed bearing document No.3019 of 2010 dated 09.07.2010. The petitioner also purchased another extent of 288.88 sq. yards through the same sale deed, but later he alienated the same vide sale deed bearing document No.2792 of 2011 dated 30.06.2011. According to the petitioner, his name was entered in relevant pahanies against Survey No.1677/A for total extent of Ac.0-32 guntas, which includes Ac.0-29.61 guntas and 288.88 sq. yards, and pattadar passbook No.419286 was issued to the petitioner. As there was interference by Muppu Kumara Swamy and three others over the subject property, the petitioner instituted a suit in O.S.No.313 2 BVR,J W.P.No.26267_2023 of 2012 before the Principal Junior Civil Judge, Huzurabad, and the same was decreed by judgment dated 20.06.2013. The name of the petitioner was mutated by respondent No.4 vide proceedings No.B/6994/2010-192 dated 21.03.2011. The petitioner submitted online application No.2300047037 dated 02.03.2023 for correction of revenue entries and for incorporating his name in the revenue records. As there was no action initiated by the respondent authorities, the petitioner was constrained to file W.P.No.10575 of 2023 and the same was disposed of by order dated 18.04.2023 directing respondent No.2- District Collector, Karimnagar District, to consider the online application bearing No.2300047037 dated 02.03.2023 submitted by the petitioner and pass orders by putting the petitioner and all affected parties on notice and affording them an opportunity of hearing. Pursuant thereto, respondent No.2 addressed a letter in File No.D3/1556/2023 dated 18.05.2023 to respondent No.4 - Mandal Revenue Officer, Huzurabad Mandal, directing the latter to conduct a detailed enquiry concerning the land of the petitioner and submit report within three days. However, respondent No.4 has informed that the petitioner has applied under the wrong category and he should have made an application under houses/house sites to issue PPB (Dharani Module TM-31). Therefore, the petitioner submitted fresh Dharani application No.HS2300004463 dated 25.05.2023. It is stated that there 3 BVR,J W.P.No.26267_2023 is delay on the part of the respondent authorities in considering Dharani application of the petitioner, as such, the petitioner is constrained to approach this Court.
3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, and perused the material available on record.
4. Learned Assistant Government Pleader for Revenue submitted that appropriate action will be taken on Dharani application of the petitioner.
5. In view of the above, this writ petition is disposed of directing respondent Nos.2 and 4 to consider the petitioner's application filed through Dharani Portal vide application No.HS2300004463 dated 25.05.2023, for issuance of PPB/NALA conversion shown as house/house site in respect of his land admeasuring Ac.0-29.61 guntas in Survey No.1677/A situated in Peddapapaiahpalli Village, Huzurabad Mandal, Karimnagar District, by issuing notice to the concerned/interested persons and pass orders in accordance with law within a period of 45 days from the date of receipt of a copy of this order.
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BVR,J W.P.No.26267_2023 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs.
____________________ B. VIJAYSEN REDDY, J Date: 21.09.2023 vv