Citation : 2022 Latest Caselaw 1561 Tel
Judgement Date : 28 March, 2022
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.568 OF 2018
ORDER:
Heard the learned counsel for petitioners and the learned
Government Pleader for Respondents.
2. The case of the petitioners herein is that they filed suit in
O.S.No.46 of 2006 on the file of Junior Civil Judge, Pargi, Ranga Reddy
district for declaration and perpetual injunction against defendants
therein i.e. Chenchu Narsamma, Anjilaiah and Kukkala Bheemaiah.
The said suit was decreed vide judgment and decree dated 3.7.2008. It
was an exparte decree. Application in I.A.No.21 of 2010 was filed by
the defendants under Section 5 of Limitation Act seeking for
condonation of delay of 549 days for setting aside the exparte decree.
The said application was dismissed by order dated 20.9.2012. Thus,
the decree has attained finality.
2. According to the petitioners, their father late Khaja Sab was the
owner and possessor of land admeasuring Ac.6-00 guntas in Survey
No.87 of Chelmilla village, Gandeed mandal, Mahabubnagar district
(previously Ranga Reddy district). Learned counsel for petitioners
submits that consequent upon the enactment of Act 9 of 2020 i.e. The
Telangana Rights in Land and Pattadar Passbooks Act, 2020,
application has been submitted by the petitioners through Dharani
Portal by paying requisite fee vide challan dated 24.3.2022 for incorporation of petitioners names in the revenue records, but no
action has been taken. Hence this writ petition.
4. In view of the same, without going into the merits of the matter,
the writ petition is allowed, directing the Respondent No.3-District
Collector to forthwith act upon the Dharani Application submitted by
the petitioners for incorporation of their names in the revenue records
as per the judgment and decree dated 3.7.2008 passed in O.S.No.46 of
2006 on the file of Junior Civil Judge, Pargi, Ranga Reddy district. The
3rd respondent shall conduct enquiry after issuing notices to all the
interested persons and shall pass appropriate orders in accordance
with law within a period of six weeks from the date of receipt of a copy
of this order. The miscellaneous petitions pending, if any, shall stand
closed. There shall be no order as to costs.
________________________ B. VIJAYSEN REDDY, J Date: 28.3.2022 DA HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.568 OF 2018
28.3.2022
DA HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MAIN CASE NO: W.P.No. of 2022
PROCEEDING SHEET
SL DATE ORDER OFFICE NO NOTE
1 23.2.2022 BVR,J
Writ Petition disposed of. No costs.
(Vide separate order) (b/o) DA
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