Telangana High Court
Vasampally Asha Reddy vs The State Of Telangana on 4 October, 2023
Bench: B.Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.27555 OF 2023
ORDER : (ORAL)
This writ petition is filed by the petitioner to declare the
action of respondent Nos.2 to 4 in not taking any steps to
restore/incorporate the name of the petitioner in Dharani portal in
respect of the land admeasuring Acs.5-00 guntas in Survey
No.617/46 situated at Ponnala Village, Siddipet Urban Mandal,
Siddipet District, by deleting the same from the prohibitory
properties list as illegal, arbitrary and unconstitutional.
2. Heard learned Counsel for the petitioner, learned Assistant
Government Pleader for Revenue appearing for respondents, and
perused the material on record.
3. Learned counsel for the petitioner has submitted that
petitioner is an Ex-service men and he served in Indian Army for
more than twenty (20) years. He was discharged from his duties
on 30.03.1979. He was assigned land admeasuring Acs.5-00
guntas under Ex-service men category vide Patta certificate in
proceeding No.D/7068/90 dated 28.11.1990. The Revenue
authorities have implemented the Patta certificate and mutation
proceedings were issued in favour of petitioner. Petitioner was
recorded was pattadar and possessor and the name of the petitioner
is reflected in the Faisal Patti. While things stood thus, Mr. Rafath
Pasha tried to interfere with the possession of the petitioner over
the subject land. A suit in O.S. No.148 of 1994 was filed by the
petitioner against Mr. Rafath Pasha and another and the said suit
was decreed vide judgment dated 19.08.1997. Petitioner has been
cultivating the subject land by virtue of final patta certificate.
4. Learned counsel for the petitioner further submitted that due
to ill health and old age the petitioner could not verify revenue
record. As Rythu Bandhu benefits were not issued to the
petitioner, he verified with the officials and he was surprised to
know that the extent of land of the petitioner is wrongly shown in
the revenue records as Acs.3-38 guntas in Survey No.617/46 and
remaining extent of land Ac.1-20 guntas is missing and he further
came to know that the subject land of the petitioner was included
in the Prohibited properties list. On being advised the petitioner
has submitted an application bearing No.2300079033 dated
06.05.2023 for issuance of e-pattadar passbook and correction of
missing extent of land and also for deletion of land from
Prohibitory properties list.
5. Learned counsel for the petitoner submitted that respondent
No.2 has called for the report from respondent No.3 vide
Lr.No.E1/1980/2023 dated 19.07.2023. After conducting detailed
enquiry, the office of respondent No.2 has sent a note to the
Superintendent, Dharani, Siddipet Division requesting him to take
necessary action vide Lr.No.D1/2661/2023 dated 03.08.2023.
After several requests and representations made by the petitioner
and basing on the letter of respondent No.2, respondent No.3 has
addressed a letter to respondent No.4 vide Lr.No.D/930/2023 dated
11.09.2023 instructing him to conduct discreet enquiry in respect
of the land of the petitioner in Survey No.617/46. Learned counsel
for the petitioner further submitted that despite the same,
respondent No.4 has not conducted any enquiry and there is
inordinate delay on the part of respondents authorities, therefore,
the petitioner is constrained to approach this Court and filed the
present writ petition.
6. Learned Assistant Government Pleader for Revenue
appearing for respondents has submitted that appropriate action
will be taken on the Dharani application bearing No.2300079033
dated 06.05.2023 submitted by the petitioner, in accordance with
law.
7. Learned counsel for the petitioner also submitted that the
petitioner has submitted Dharani application for entering his name
in the Dharani portal in respect of the land admeasuring Acs.3-38
guntas in Survey No.617/46 and liberty may be given to the
petitioner to submit appropriate application through Dharani portal
for entering the name of the petitioner and issuance of pattadar
passbook in respect of the remaining extent of land of Acs.1-02
guntas and for deletion of the land of the petitioner from
prohibitory properties list.
8. In view of the above facts and circumstances, the writ
petition is disposed of directing respondent Nos.2 and 4 to act
upon the Dharani application bearing No.2300079033 dated
06.05.2023 submitted by the petitioner for incorporating his name
in the revenue records in respect of the subject lands, by issuing
notices to all concerned/interested persons, in accordance with law,
within a period of forty five (45) days from the date of receipt of a
copy of this order. The, petitioner is given liberty to submit
separate application(s) through appropriate module in Dharani
portal for incorporating his name and issuance of e-pattadar book
in respect of the missing extent of land and also for deletion of the
subject land from the prohibitory properties list. Upon receipt of
such applications, respondent Nos.2 and 4 shall consider the same,
and pass orders, within a period of forty five (45) days from the
date of receipt of such application(s). No order as to costs.
As a sequel thereto, miscellaneous applications,
if any, pending in the writ petition stand closed.
_______________________
B. VIJAYSEN REDDY, J
Date: 04.10.2023
MS
