Telangana High Court
Smt. Aleti Laxmi vs The State Of Telangana on 8 November, 2022
Bench: K.Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.40900 OF 2022
ORAL ORDER:
Heard Mr. K.S. Suneel, learned counsel for the petitioner and
learned Assistant Government Pleader for Revenue appearing on
behalf of respondent Nos.1 to 4 and learned Assistant Government
Pleader for Forest appearing on behalf of respondent No.5.
2. The petitioner herein is claiming that he is the absolute
owner and possessor of the agricultural land to an extent of Acs.5.00
in Survey Nos.871/5 and 871/6, situated at Mallapur Village and
Mandal, Jagityal District, out of which, an extent of Acs.3.00 guntas
was acquired by way of succession, while the remaining extent of
Acs.2.00 guntas was assigned to her by way of patta certificate dated
15.07.1991. In proof of the same, she has filed copies of old title
deed, pahani and judgment and decree dated 30.08.2006 in O.S.
No.37 of 1996 passed by the learned Junior Civil Judge, Metpalli;
judgment and decree dated 20.07.2010 in A.S.No.2 of 2007 passed by
the learned II Additional District Judge, Karimnagar at Jagtial and the
judgment dated 19.02.2016 in S.A. No.793 of 2015 passed by this
Court.
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3. Earlier, the petitioner herein made an application to the
Tahsildar, Mallapur Mandal, with a request to mutate her name and
the Tahsildar did not consider the same. Therefore, she has
approached the Mandal Legal Services Committee, Metpelli and the
Lokayukta. Vide letter dated 22.12.2019, respondent No.3 informed
the Chairman, Mandal Legal Services Committee stating that the
aforesaid land is not under cultivation by the petitioner since the said
land is lying within the Contour Trenches dug by the Forest
Department i.e., within the boundary / limits of Reserve Forest.
Hence, online entries could not be recorded in respect of the said land
in favour of the petitioner for issuance of pattadar pass book. Vide
letter dated 18.11.2017, respondent No.3 informed the Sub-Collector,
Metpelli that the subject land is assigned to the petitioner and is falling
under the Reserve Forest. Thereafter, the Sub-Collector, Metpelli, has
submitted a report to respondent No.2.
4. According to Mr. K.S. Suneel, learned counsel for the
petitioner, respondent No.2 has to implement the aforesaid judgment
in O.S.No.37 of 1996 confirmed by the appellate Court in A.S. No.2
of 2007 and S.A.No.793 of 2015.
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5. On the other hand, learned Assistant Government Pleader for
Revenue, on instructions, would submit that as per CCLA Circular
No.1/2021, dated 15.01.2021, the petitioner herein has to make on-line
application to respondent No.2 along with all the documents, and on
receipt of the same, respondent No.2 will consider and pass
appropriate orders in accordance with law.
6. Whereas, learned Assistant Government Pleader for Forest,
on instructions, would submit that the subject land belongs to the
Forest Department. The said submission is contrary to the aforesaid
judgment and decree. It is relevant to note that learned Junior Civil
Judge, Metpally decreed the suit filed by the petitioner vide O.S.
No.37 of 1996 for declaration of title and perpetual injunction.
Therefore, now respondent No.5 cannot contend that it is forest land.
7. In supersession of the Telangana Rights in Land and Pattadar
Passbooks Act, 1971 (Act, 26 of 1971), the State promulgated the
Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of
2020). Act 9 of 2020 simplified procedure of entries in revenue
records and confined to three circumstances in which request can be
made for alteration of entries in revenue records i.e.
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sale/gift/mortgage, succession/survivorship/inheritance and by way of
Court decree. The petitioner claims to have acquired right by way of
succession. However, she has to submit online application with
respondent No.2 in terms of the said Circular with a request to mutate
her name for issue of e-pattadar pass book.
8. In view of the above discussion, this Writ Petition is
disposed of granting liberty to the petitioner to submit online
application with respondent No.2 in terms of the aforesaid Circular.
On submission/receipt of the said online application, respondent No.2
shall consider the same and pass appropriate orders in accordance with
law by putting the petitioner herein and all affected parties on notice
and affording them an opportunity of hearing to them. If respondent
No.2 is not inclined to consider the request of the petitioner, he shall
assign specific reasons and pass a reasoned order. He shall
communicate copy of the order to the petitioner. He shall complete
the entire exercise within eight (08) weeks from the date of
submission/receipt of the said online application. However, in the
circumstances of the case, there shall be no order as to costs.
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As a sequel, the miscellaneous petitions, if any, pending in the
writ petition shall stand closed.
_________________
K. LAKSHMAN, J
8th November, 2022
Mgr
