Telangana High Court
Mohd Wahed vs The State Of Telangana on 17 November, 2022
Bench: K.Lakshman
HON'BLE SRI JUSTICHE K. LAKSHMAN
WRIT PETITION No.41803 of 2022
ORDER:
Heard Sri Mohammad Irfan, learned counsel appearing
for the petitioners and learned Assistant Government Pleader
for Revenue appearing for respondents.
The petitioners are claiming that they are the absolute
owners and possessors of land admeasuring Ac.6-20 gts., in
Sy.No.123 situated at Patloor village, Marpally mandal,
Vikarabad district, on strength of registered sale deed bearing
document No.18 of 1970 dated
16-01-1970. In the sale deed survey number is wrongly
mentioned. Therefore, they have filed a suit vide O.S.No.87 of
2013 against their vendor seeking declaration of title and
consequential relief of perpetual injunction and also for
rectification of the aforesaid wrong entries. The same was
decreed on 20-04-2018 and rectification was effected. In proof
of the same, they have filed copies of sale deeds, decree and
judgment in O.S.No.87 of 2013 and rectification deed bearing
document No.6537 of 2019 dated 09-07-2019. The petitioners
herein have submitted online applications bearing
Nos.RC2100009104, RC2100009106, RC2100009107 and
RC2100009102, dated 18-11-2021 with respondent No.2 with
a request to mutate their names and issue E-pattedar pass
books. Despite receiving and acknowledging the said online
applications, respondent No.2 did not act upon the same,
therefore, the present writ petition.
Whereas learned Assistant Government Pleader for
Revenue, on instructions, would submit that respondent No.2
will consider the said online application submitted by the
petitioner and pass appropriate orders, in accordance with
law.
It is relevant to note that 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.
sale/gift/mortgage, succession/survivorship/inheritance and
by way of Court decree.
In view of the aforesaid discussion, this writ petition is
disposed of, directing respondent No.2 to dispose of the online
applications bearing Nos.RC2100009104, RC2100009106,
RC2100009107 and RC2100009102 dated 18-11-2021
submitted by the petitioners and pass appropriate orders, in
accordance with law by putting the petitioners and all affected
parties on notice and affording them an opportunity of
hearing. If respondent No.2 is not inclined to accept the claim
/ request of the petitioners, he shall assign specific reasons,
pass a reasoned order and shall communicate copy of the
said order to the petitioners herein. He shall complete the
entire exercise within a period of eight (8) weeks from the date
of receipt of a copy of this order. There shall be no order as to
costs.
As a sequel, the miscellaneous petitions, if any, pending
in the Writ Petition shall stand closed.
__________________
K. LAKSHMAN, J
November 17, 2022
PN
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.41803 of 2022
November 17, 2022
PN
