2024 Supreme(Online)(TEL) 23924
HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.31248 of 2024
ORDER:
It is stated that the petitioner is the owner and possessor of the land admeasuring Ac.1.00 guntas in Sy.No.339/A situated at Chikkepalli Village, Pangal Mandal, Wanaparthy District apart from other lands and the revenue authorities also issued e-pattadar pass book No. T04080180534 vide Khata No.218 and the revenue record stands in her name including the 1-B ROR. It is further stated that when third parties have disputed her title, she was constrained to file a suit for declaration of title and consequential possession vide O.S.No.522 of 2022 on the file of the Principal Junior Civil Judge, Wanaparthy and after considering the material on record including the pattadar passbooks issued, the said suit was decreed and declared that the petitioner is owner and possessor of the subject property. Basing on the said declaration decree, the petitioner has submitted online application No. RC2400007441, dated 12.09.2024, seeking for mutation of her name in the revenue records and for issuance of e-pattadar passbook under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short “the ROR Act, 2020”). The grievance of the petitioner is that even after receiving the said application, the respondent authorities are not considering the same.
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. Learned Assistant Government Pleader appearing for the respondents has not disputed the submission of the dharani application and it is stated that the application submitted by the petitioner fulfils all the requirements, the respondent authorities will consider the same.
4. Admittedly, O.S.No.522 of 2022 filed by the petitioner was decreed on 14.07.2023 declaring that the petitioner is the absolute owner of the subject property. As per Section 7 of the ROR Act, 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 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 judgement 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 and the Indian Stamp Act 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, without going into merits of the case, deems it appropriate to dispose of the writ petition directing the respondent authorities to examine the petitioner’s online application vide No.RC2400007441, dated 12.09.2024 and if the said application fulfils all the conditions laid down under Section 7 of the ROR Act, 2020, respondent authorities are directed to examine the same and pass appropriate orders in accordance with the provisions of the ROR Act, 2020, within a period of three (03) months from the date of receipt of a copy of this order.
6. With the above observations, this Writ Petition is disposed of. There shall be interim order as to costs.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY
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