Telangana High Court
Maqbool Azlapuram vs The State Of Telangana on 5 November, 2024
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.18122 of 2024
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
"....to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No 2 in issuing the Rejection Order vide application No.2400001655 dated 09.02.2024 and rejecting the online application of the petitioner without having any valid grounds, without assigning any reasons and he did not initiated to mutate the name of the petitioner and issue e- pattadar passbook on his cultivating land to an extent of Acs.3-13 gts in Sy.No.123/A which is situated at Bhairampalli Revenue Village, Maganoor Mandal, Narayanpet District is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the 2nd respondent to consider the online application of the petitioner for mutate the name of the petitioner and issue epattadar passbook on his cultivating land to an extent of Acs.3-13 gts in Sy.No.123/A which is situated at Bhairampalli Revenue Village, Maganoor Mandal, Narayanpet District...."
2. Considered the submissions of Sri Rapolu Bhaskar, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.
3. The petitioner claims to be the owner and possessor of land admeasuring Acs.3-13 guntas in Sy.No.123/A situated at Bhairampalli Revenue Village, Maganoor Mandal, Narayanpet District, which has been purchased by his father through registered sale deed vide document No.491 of 2000 dated 26.06.2000 from its original owners. It is the further case of the petitioner that he 2 submitted an online application vide No. 2400001655 dated 09.02.2024 for issuance of new e-pattadar passbooks and for mutation of his name in all the revenue records in respect of the said property, as per the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short 'Act, 2020), but the said application has been rejected by the respondents without assigning any reasons.
4. Learned counsel for the petitioner submitted that Section 6 the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short 'Act, 2020'), confers power on the Tahsildar to update the Record of Rights when rights over land are acquired through succession, survivorship, or inheritance. Legal heirs or family members must reach a consensus on how to divide the land and submit a joint agreement online. The Tahsildar, after assigning a convenient date and time, will verify the documents and collect mutation charges. Upon verification, the Tahsildar will instantly update the records and issue either a new or updated Pattadar Pass Book-cum-Title Deed, along with an extract of the changes. The heirs are also required to furnish family details for inclusion in the updated title deeds and Section 7 of the Act, 2020 empowers the Tahsildar to update the Record of Rights when ownership is acquired through a court decree. The person holding the decree 3 must apply online for an appointment. On the scheduled date, the Tahsildar will verify if the decree aligns with the existing records. If relevant fees are paid, the Tahsildar will immediately update the records, transferring the land from the judgment debtor to the decree holder. A new or updated Pattadar Pass Book-cum-Title Deed will be issued, and the judgment debtor will be directed to produce their title deed for necessary changes.
5. In view of the said submissions and since it is stated that the respondents have rejected the application of the petitioner stating that the petitioner has not enclosed any documents in support of the application for mutating his name in the revenue records, this Court is of the opinion that ends of justice would be met, if the petitioner is directed to submit a fresh application by duly enclosing all the documents, which are required for mutating his name in the revenue records and for issuance of e-pattadar passbooks in respect of the subject lands. In the event of filing such application, the respondents are directed to examine the same after issuing notices to all the interested parties and pass reasoned order in accordance with law and communicate the decision thereon to the petitioner, within a period of three months from the date of receipt of a copy of this order.
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6. With the above observations this writ petition is disposed of. No order as to costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_________________________ C.V.BHASKAR REDDY, J Date: 05.11.2024 sus