Telangana High Court
Smt. V.R. Nirmala Reddy vs The State Of Telangana on 16 February, 2023
Bench: K.Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.4568 of 2023
ORDER:
Heard Sri G. Venkat Reddy, learned counsel
appearing for the petitioner and Sri J. Amruth Rao,
learned Assistant Government Pleader for Revenue
appearing for respondents. Perused the record.
The petitioner is claiming that she is the absolute
owner and possessor of land admeasuring Ac.3-00 gts.,
in Sy.Nos.154, 155 and 156 situated at Kothur village,
Kandukur mandal, Ranga Reddy district, on the strength
of a registered sale deed bearing document No.6450 of
1983 dated 25-08-1983. When one Dr.Anoop K. Reddy is
tried to interfere with the possession of the petitioner over
the aforesaid property, she had filed a suit vide
O.S.No.290 of 2022 seeking declaration of title, grant of
permanent injunction and also mutation of her name in
Revenue record against Dr.Anoop K. Reddy and
respondent Nos.2 and 3 herein. The said suit was
decreed on 30-11-2022 by the learned Principal Senior
Civil Judge, Ranga Reddy District at Ibrahimpatnam.
Thereafter the petitioner herein has submitted online
application bearing No.RC2300000213 dated 04-01-2023
with respondent No.2 with a request to mutate her name,
issue E-pattedar passbook and also implement the
aforesaid decree and judgment in O.S.No.290 of 2022
dated 30-11-2022 passed by the Prl. Senior Civil Judge,
Ranga Reddy District at Ibrahimpatnam. Despite
receiving and acknowledging the said online application,
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 the present case the
petitioner seeking right over the subject property on the
strength of a registered sale deed and decree in the
aforesaid suit.
In view of the aforesaid discussion, this writ petition
is disposed of, directing respondent No.2 to dispose of the
online application bearing No.RC2300000213 dated
04-01-2023 submitted by the petitioner and pass
appropriate orders, in accordance with law by putting the
petitioner, Dr.Anoop K. Reddy 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 petitioner, he shall assign specific reasons,
pass a reasoned order and shall communicate copy of the
said order to the petitioner. 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
February 16, 2023
PN
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.4568 of 2023
February 16, 2023
PN
