Telangana High Court
Vallapureddy Krishna Reddy vs The State Of Telangana, on 7 January, 2025
HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.374 of 2025
ORDER:
It is stated that the petitioner is the owner and possessor
of the agricultural land to an extent of Acs.4.12 guntas in
Sy.No.237/A, situated at Chatelparre Thanda, Narayangiri
Village, Dharmasagar Mandal, Hanamkonda District. It is
further stated that when disputes arose over the subject
property, the petitioner was constrained to institute a suit for
declaration and recovery of possession vide O.S.No.869 of 2022
on the file of the III Additional Junior Civil Judge, Hanamkonda
and after contest, the said suit was decreed vide judgment and
decree, dated 12.09.2023. It is further stated that soon after
obtaining the decree, the petitioner has made a representation
seeking for mutation of his name in the revenue records and
consequential issuance of pattadar pass book so as to enable
him to enjoy the property as absolute owner and also receive
various incentives sanctioned by the Government as investment
and fertilizer subsidiesy, for cultivation of the lands. It is
further stated that acting on the said representation,
respondent No.2 issued instructions vide letter
N.Dis.D4/1091/2023347, dated 06.12.2023 directing
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respondent No.3 to take necessary action on the representation
submitted by the petitioner. The grievance of the petitioner is
that even after receipt of the directions issued by respondent
No.2, the representation, dated 27.10.2023 submitted by him
has not been considered by respondent No.3.
2. Considered the submissions of the learned counsel for the
respective parties and with their consent, this writ petition is
disposed of at the admission stage.
3. Sri L.Ravinder, learned Assistant Government Pleader for
Revenue appearing for the respondents has not disputed the
said fact. It is further submitted by the learned Assistant
Government Pleader that as the petitioner has not made an
application in the format prescribed in the Dharani Portal as per
the circular instructions issued by the Chief Commissioner,
Land Administration vide circular No.1 of 2021, dated
15.01.2021 and Circular No.1 of 2024, dated 28.02.2024, the
respondents have not examined the case of the petitioner.
4. As per Section 7 of the Telangana Rights in Land and
Pattadar Passbooks Act, 2020 (for short "the Act 9 of 2020"), any
person, who acquires right by decree of a Court and seeks to
change the entries in Record of Rights, shall apply, through the
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website prescribed for this purpose, to the Tahsildar for allotting
available date and time to appear before the Tahsildar and if
such an application being submitted by the decree holder, the
Tahsildar is conferred with the powers to 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 where the pattadar and property particulars in the
decree are in consonance with the entries in the Record of Rights
and on payment of Stamp Duty and Registration fee prescribed
as per the Registration Act, 1908 and the Indian Stamp Act,
1899, respectively, if not collected by the Court before issue of
the Decree and mutation charges prescribed.
5. In view of the above submissions, this Court deems it
appropriate to dispose of this writ petition permitting the
petitioner to make online application in the prescribed format of
Dharani Portal, duly enclosing the decree in O.S.No.869 of 2022
and the said application is complying with the provisions of
section 7 of the Act 9 of 2020 and fulfils all the requirements of
aforesaid circular instructions issued by the CCLA and if there
is no order prohibiting for entertaining such application, the
respondent authorities are directed to consider the application
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submitted by the petitioner, within a period of three (03) months
from the date of submission of such application.
6. With the above observations, this Writ Petition is
disposed of. There shall be no order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any,
shall stand closed.
________________________________
JUSTICE C.V.BHASKAR REDDY
07.01.2025
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