Telangana High Court
S. Padma Devi vs The State Of Telangana on 25 February, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.5694 of 2025
ORDER:
This writ petition is filed praying this Court to declare the
action of 4th respondent in not considering the application
No.RC2400006267, submitted by petitioner for seeking
implementation of the Award of the Lok Adalth in I.A.No.461/2-
22 in O.S.No.211/2007, for the land to an extent of Ac.4-20
guntas in Sy.No.503, at Kurmedu Villgae, Chintapally Mandal,
Nalgonda District, as illegal, arbitrary, unconstitutional and
violation of provisions of the Telangana Rights in Land and
Pattadar passbooks Act, 2020 (for short "the Act 9 of 2020") and
consequently prayed for other appropriate reliefs
2. It is stated that the petitioner's mother by name
Anasuyamma was the owner and possessor of the land in
Sy.No.503, admeasuring Ac.4-20 guntas, situated at Kurmedu
Village, Chintapally Mandal, Nalgonda District. It is further
stated that when there are disputes arising, a suit for partition
was instituted vide O.S.No.211 of 2007 on the file of Senior Civil
Judge, Nalgonda. It is further stated that at the intervention of
the elders of the villagers, they filed I.A.No.462 of 2022 in
O.S.No.211 of 2007 stating that they settled the matter in terms
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of compromise. Thereafter, the matter was referred to Lok
Adalth and Lok Adalth has passed a compromise award in
I.A.No.462 of 2022 in O.S.No.211 of 2007. It is further stated
that seeking for implementation of the award passed by the Lok
Adalat, petitioner made an application vide RC.No.2400006267.
The grievance of the petitioner is that even after complying with
all the requirements for mutation of name of the petitioner in
pursuance to the Lok Adalat award, respondent No.4 is not
considering the said application. Hence, the writ petition.
3. Considered the submissions of the learned counsel for the
respective parties and with their consent, this writ petition is
being disposed of at the admission stage.
4. Sri L.Ravinder, learned Assistant Government Pleader
appearing for the respondents relying on Section 7 of the Act 9
of 2020, submitted that any person, who acquires right by
decree of a Court and seeks to change the entries in Record of
Rights shall apply through the website prescribed for this
purpose to the Tahsildar for allotting available date and time to
appear before the Tahsildar. It is also stated in Section 7 (4) of
the Act 9 of 2020, in every case where the pattadar and property
particulars in the decree are in consonance with the entries in
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the Record of Rights and on payment of stamp duty and
registration fee prescribed as per the Registration Act and the
Indian Stamp Act respectively, if not collected by the Court
before issue of the decree and mutation charges prescribed, the
Tahsildar shall carry out the changes to the relevant entries in
the Record of Rights instantly, duly deleting the land covered by
the decree from the account of the judgment debtor and adding
the same to the account of the decree holder.
5. As per the above provision, the Tahsildar is conferred with
the power to mutate the properties basing on the Civil Court
decree and award passed by the Lok Adalath, which is also
considered to be a Civil decree in terms of Section 21 of the
Legal Services Authorities Act, 1987.
6. In view of the above, this Court is of the opinion that the
ends of justice would be met if the respondent authorities are
directed to examine the application submitted by the petitioner
as per the Section 7 of the Act 9 of 2020 and if petitioner
otherwise complies with all the requirements of the Act 9 of
2020, the case of petitioner shall be considered for mutation
and consequential amendment of revenue records and issuance
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of pattadar passbooks within a period of three months from the
date of receipt of copy of this order.
7. With the above observations, this Writ Petition is disposed
of. There shall be no order as to costs.
8. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
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JUSTICE C.V.BHASKAR REDDY
25.02.2025
Kgk
