Potlacheruvu Narsimha vs The State Of Telangana
2023 Latest Caselaw 2471 Tel

       HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

             WRIT PETITION No.22241 OF 2023

ORDER (ORAL):

This writ petition is filed by the petitioner aggrieved by the

inaction of respondent Nos.2 and 4 - the District Collector,

Sangareddy, Sangareddy District, and the Tahsildar, Munipalli

Mandal, Sangareddy District respectively, in passing orders on his

on-line Application No.2300121353 dated 28.07.2023 for issuance

of new Pattadar Passbook and making necessary corrections in

Dharani Portal in respect of the land admeasuring Acs.10-37

guntas in Survey No.5 situated at Chelmeda Kalan Village,

Munipalli Mandal, Sangareddy District, as illegal and arbitrary.

2.1. It is claimed by the petitioner that he is absolute owner

and possessor of the agricultural land admeasuring Acs.10-37

guntas in Survey No.5 of Chelmeda Kalan Village, Munipalli

Mandal, Sangareddy District, having purchased the same under the

registered sale deed bearing document No.2282 of 2023 dated

21.11.2003 from his vendor Mr. Krishna alias Vijaya Krishna alias

Kistaiah, son of Venkataswamy, who got the subject land by way

of registered Will dated 01.02.1979 executed by one Mrs. Kanchari

Kistamma, wife of Ramakistaiah. Mrs. Kistamma died on

04.07.1980 and after her death, the petitioner's vendor became

absolute owner and possessor of the subject land.

2.2. After the death of Mrs. Kistamma, as some persons

namely Papaiah, Adavaiah and Rukkamma illegally occupied the

subject land, the petitioner's vendor filed a suit in O.S. No.52 of

1982 and the same was decreed. Assailing the same, A.S. Nos.3

and 4 of 1989 were preferred before the District Court, Sangareddy

and the same were disposed of remanding them to the trial Court.

Questioning the same, the petitioner's vendor preferred C.M.A.

Nos.1007 and 1008 of 1992 before this Court and the same were

allowed on 15.04.2002 confirming the judgment and decree in O.S.

No.52 of 1981 declaring that the petitioner's vendor as owner, and

therefore, he is entitled for possession.

2.3. Thereafter, E.P. No.25 of 2003 was filed by the

petitioner's vendor and possession was delivered to him and since

then he has been in possession and enjoyment of the subject land.

Subsequently, the petitioner's vendor sold the subject land to the

petitioner under the registered sale deed dated 21.11.2003.

2.4. It is further submitted that the petitioner approached the

Mandal Revenue Officer, Munipalli for mutation of his name in the

revenue records and accordingly orders were issued in Proceedings

No.D/2013/2004 dated 10.11.2004 duly recording the petitioner's

name in all the revenue records and issued pattadar pass book and

title deeds bearing No.565 in his favour and his name was reflected

in all the pahanies, however, name of one Mrs. Rukkamma was

wrongly shown in pattadar column. Taking advantage of the same,

as Mrs. Rukkamma and her associates tried to interfere with his

possession over the subject land, the petitioner filed O.S. No.371 of

2022 on the file of the learned Principal Junior Civil Judge,

Sangareddy, for the relief of declaration of title, perpetual

injunction and also correcting revenue records and the same is

pending.

2.5. While the matter stood thus, the petitioner submitted

online application by enclosing all documents requesting to make

necessary corrections and to issue new pattadar passbook by

making corrections in Dharani Portal in respect of the subject land.

However, the respondents, so far, did not act upon the petitioner's

application and as there was delay, the petitioner was constrained

to approach this Court.

3. Heard Mr. P. Ravi Shanker, learned counsel for the

petitioner, learned Assistant Government Pleader for Revenue, and

perused the material on record.

4. The learned Assistant Government Pleader for Revenue

submitted that appropriate action will be taken on the on-line

application submitted by the petitioner through Dharani Portal.

5. Recording the aforesaid submission of the learned

Assistant Government Pleader for Revenue, the writ petition is

disposed of, at the admission stage itself, directing the respondents

to forthwith act upon the petitioner's online Application

No.2300121353 dated 28.07.2023 submitted through Dharani

Portal in respect of the subject land admeasuring Acs.10.37 guntas

in Survey No.5 situated at Chelmeda Kalan Village, Munipalli

Mandal, Sangareddy District, by issuing notice to all interested /

affected persons and pass orders on merits by giving opportunity of

hearing to all concerned in accordance with law within a period of

forty-five (45) days from the date of receipt of a copy of this order.

There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any,

pending in the writ petition stand closed

______________________ B. VIJAYSEN REDDY, J September 19, 2023.

PV