Citation : 2021 Latest Caselaw 3040 Tel
Judgement Date : 27 October, 2021
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.26842 of 2021
ORDER:
Heard the learned counsel for the petitioners and the learned
Government Pleader for Revenue for respondent Nos.1 to 4. With
their consent, the Writ Petition is disposed of at the admission
stage.
The present writ petition is filed challenging the proceedings,
dated 25.07.2020 in Rc. No. B/535/2018, issued by the Tahsildar,
Dharmasagar, respondent No. 4 herein, in rejecting the request of
the petitioner No. 1 seeking mutation and issuance of Pattadar
Pass Books in respect of the subject land, basing on the final
decree proceedings passed in I.A. No. 781 of 1989 in O.S. No. 3 of
1978, dated 03.03.1998 and the execution proceedings in E.P.
Nos. 89 of 2010 and 95 of 2010 on the file of II Additional District
Judge, Warangal District.
Learned Counsel for the petitioners has stated that the
respondent No.4 has passed the impugned order without
application of mind. It is contended that once a decree is passed
by a competent Civil Court, the same has to be implemented in
true letter and spirit by the revenue authorities. But, the
respondent No.4, without taking into account the said judgment
and decree, has passed the impugned order.
Learned Government Pleader has stated that due to the
repeal of the Andhra Pradesh Rights in Land and Pattadar Pass
Books Act, 1971, by the Telangana Rights in Land and Pattadar
Pass Books Act, 2020, the competent authority, for making any
changes in the revenue records or implementing the Court orders,
is the concerned District Collector and in case the petitioners file
fresh application(s) through online Dharani portal, the same will be
considered and necessary orders will be passed in accordance with
law.
Having regard to the above made submission, without going
into the merits or demerits of the case, the petitioners are directed
to submit applications ventilating their grievance, through online
Dharani Portal, to the respondent No. 2 within a period of two
weeks from the date of receipt of a copy of this order and on receipt
of such application, the respondent No. 2 shall consider and pass
orders thereon in accordance with law within twelve weeks
thereafter. Without adverting to the rejection order, dated
25.07.2020, it is made clear that before passing any orders, the
respondent No. 2 shall put all the interested parties on notice, give
them an opportunity of hearing and consider the objections if any.
The miscellaneous petitions pending, if any, shall stand
closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date : 27.10.2021 Smr/tsr
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