HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.20405 of 2024

ORDER

Heard Sri P.S. Rajasekhar, learned counsel appearing for the petitioner and Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5. Perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent Nos.6 to 8.

3. Petitioner is claiming that he is the absolute owner and possessor of the land admeasuring Ac.06-725 cents in Sy.No.25/అ and Ac.03-775 cents in Sy.No.26/ఆ, situated at Dabbakuchi Village, Bheempur Mandal, Adilabad District, on the strength of registered sale deed bearing document No.3849 of 2018 dated 02.06.2018. He has also purchased land in other surveys of the very same Village under the very same document.

4. According to him, there is wrong entry and his name has to be mutated in the revenue records and issue E-pattadar pass book. Therefore, he has submitted online application No.2300044991 with respondent No.2 under TM-3 and TM-33 module of dharani portal. Vide proceeding Lr.No.F1/464/2024 dated 06.07.2024, respondent No.2 directed respondent No.5 to enquire into the matter thoroughly in detail and submit a detailed enquiry report through regulatory procedure regarding applications filed by the petitioner pertaining to four (4) TM-33 pass book data correction and five (5) TM-3 pending mutation matters.

5. Respondent No.5 has not furnished any report. Thereafter, vide proceeding No.Dharani/F1/592/2024- 203 dated 13.07.2024, respondent No.3 rejected the application submitted by the petitioner stating that the applicant and pattadar as per Dharani are two different persons and the applicant is not in a possession over the subject land in Sy.No.25/C to an extent of Ac.6-29 gts and in Sy.No.26/B1 to an extent of Ac.3-30 gts, the request of the applicant for change of name is not recommended. Hence, rejected.

6. Referring to the CCLA Circular No.1 of 2024 dated 28.02.2024, Sri P.S. Rajasekhar, learned counsel for the petitioner would submit that respondent No.3 cannot consider the aforesaid online application submitted by the petitioner under TM-3 and TM-33 module of dharani portal since the petitioner is seeking to mutate his name basing on the registered sale deed and also seeking correction of wrong entry. Therefore, the impugned proceeding No.Dharani/F1/592/2024-203 dated 13.07.2024 of respondent No.3 are contrary to the aforesaid circular and his findings are also contrary to the proceedings Lr.No.F1/464/2024 dated 06.07.2024 of respondent No.2.

7. In the light of the said submission it is relevant to note that vide CCLA circular No.1 of 2024 dated 28.02.2024, Chief Commissioner of Land Administration specifically mentioned procedure to be followed by the Revenue Officials with regard to the applications submitted seeking mutation and rectification of the wrong entry. The same are relevant and are extracted below:

“ I. General Guidelines:

1. Formation of Teams: The District Collector shall form teams at Tahsildar offices with Revenue functionaries and each team shall be headed by Tahsildar.

2. Desk level verification: To verify all the documents uploaded online while applying and if any documents are missing the sme may be obtained from applicant.

3. All Revenue officials (i.e., Tahsildar/RDO/Addl Coll/Collectors)

should follow:

a. Clear all land matters and nothing should be kept pending.

b. Speedily dispose of the above matters and adhere to the timelines stipulated for disposal of these matters.

c. The disposal of these matters and orders passed should be electronically recorded.

d. The Government interest and Government lands should be vigorously protected.

e. Pending revenue matters should be redressed without any hassles to the stake holders.

II. Process Flow:

1. Tahsildar level: For the below modules. The Tahsildar is made as the final approving authority:

1. TM4-Application for Succession inclu