HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
IVONDAY ,THE SEVENTH DAY OF II4ARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 3272 OF 2022 Betwee n:
Sandeeo Kumar Aqarwal, S/o.Late Tulsi Ram, Aged 48 years, Occ.Agriculture, R/o.H.N' o.21 -7 -7 52: Ghansi Bazar. Hyderabad. ,..PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The chief commissioner of Land Administration, Government of Telangana, Nampally, Hyderabad.
3. The District Collector, Ivledchal-Malkajgiri District.
4. The Revenue Divisional officer, Keesara Division, Medchal-Malkajgiri District 5. The Tahsildar cum Joint Sub Registrar, Medchal Mandal, Medchal-Malkajgiri District.
...RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue any writ, order or direction more especially one in the nature of writ of Mandamus declaring the action of the 3rd Respondent in not accepting the Application of the Petitioner, Dt.29l1 112021 for [\ilutation in on-line Dharani portal and for grant of New Digital Pattadar Pass Books for the Land t admeasuring Ac.8.29 Gts in sy.No.26 of Ghanpur Village, Medchal Mandal, District by issuing the lmpugned Endorsement Medchal-Malkajgiri I No.D.1/1786/2021-926, Dt.O3tO1t2O22 as illegal, arbitrary, un constitutional and Violation of Principles of natural Justice and contrary to the provisions of T.S Rights in Land and Pattadar Pass Books Act, 2o2O and consequently direct the Respondents 2 to 5 to issue the Digital Pattadar Pass Book by Mutating the in of the Petitioners name in the on-line Dharani Portal respect Land .}
admeasuring Ac.B.29 )ts in Sy No 26 of Ghanpur Village' IVledchal Mandal' Medchal-Malkajgiri Dis rict by duly considering the Application of the Petitioner'
ot.2911112021.
IA NO: I oF2 22 Petitionundersectionl5lCPCprayingthatintheCircumstancesstated in the affidavit filed in support of the petition' the High Court may be pleased to direct the Responders 2 to 5 to issue the Digital Pattadar Pass Book by Mutating the Petitioners nam€ in the On-line Dharani Portal in respect of the Land admeasurtncA.c.B2gGtsinsy.No.26ofGhanpurVillage'MedchalMandal' MeCiclai-Malkajgiri D strict by duly considering the Application of the Petitioner'
pendir disposal of the above writ petition Ot.2gl11l2O21 3 Counsel for the Petil oner: SRI' C'HARI PREETH Counsel for the Res rondents: AGP FOR REVENUE The Court made the following: ORDER
i t
HONOURABLE SRI JUSTICE B. VI.'AYSEN REDDY WRIT PETITION No.3272 0F 2022 -
ORDER:
This Writ petition is filed challenging the Endorsement No.Dl/ 17B6/2021-926 dated O3.O1.2022 wherein the application dated 29. ll.2021 submitted by the petitioner through online Dharani Portal for mutation and grar-rt of new Digital pattadar pass Book for the land admeasuring Acs.Og_29 gts. in Survey No.26 of Ghanpur Village, Medchal Mandal, Meclchal_Malkajgiri District, was not accepted and the petitioner was directed to submit apprication through Dharani portal under appropriate module for redressal of his grievance.
2 The claim of the petitioner is that, he is absoiute owner and possessor of land admeasuring Acs.0g_29 gts. in Survey No.26, situated at Ghanpur Village, Medchal Mandal, Medchal_Malkajgiri District, having purchased the same under registered sale deed bearing document No. 15989 of 2OOT dated. tZ.O9.2OOZ. The vendors of the petitioner are protected tenants and they were issued ownership certificate under Section 3B-E of the Andhra pradesh Tenancy and Agricultural Lands Act, i950. it is stated that the petitioner is doing i business in Hyderabad and due to his busy schedule, he could not get \ the land mutated in his name. Later, when he approached the Revenue Authorities for issuance or pattedar pass Book and ritre Deed, his request was not considered and the Revenue Authorities kept the issue pending for a long time. After updation and veri'cation of Revenue Records, petitione approached Respondents Nos'3 to 5 by submitting all title document , and made a request to them to mutate his name in the revenue recc rds, however, there was no response' Petitioner requested the re;pondent authorities several times in Prajavani for in issuance of mut rtion proceedings and pattedar pass books his favour. Further, lue to COVID pandemic situation, the petitioner could not follow up th I respondent authorities' It is further stated by the petitioner that, rrfter enactment of T.S. Rights in Land and Pattadar pass Books Act 2O2O the petitioner submittecl an application dated 29.ll.2}2l thr;ugh online Dharani Portal by paying necessary charges. Howe rer, impugned Endorsement was issued stating that application of tl e petitioner cannot be processed manually and he was advisedtoslLbmitapplicationthroughDharantPortalunder appropriate mo, lule.
3. Lei rned Assistant Government Pleader submitted that, such applicatic n for mutation and issuance of pattedar pass books and title deeds has to be submitted only through Dharani Portal, however, learned for the petitioner submits that, the attempts made by "o.rns,:1 i the petitioner for upioading the application through Dharani Portal t t were not succ, ssful.
4. rving heard learned counsel for the petitioner and H learned Assisr ant Government Pleader, this Court is of the opinion that directions shr u1d be issued to respondent No.3 to act upon application of the petitioner dated 29.11.2021 and Process the same. Respondent No.2 shali issue notice to all the persons concerned and pass orders in accordance with law. lt is needless to state that, if the petitioner has not paid requisite charges, respondent No.3 is at liberty to collect the same from the petitioner. As stated by the learned Assistant Government Pleader, if the application of the petitioner could be upioaded through Dharani Portal, then respondent No'3 shall give necessary assistance to the petitioner to upload the Form through Dharani Portal. In case any difficulty is encountered in uploading the application as stated above, manual application to Dharani Portal sha1l be entertained and appropriate orders be passed' Exercise in that regard shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
5. Accordingly, the Writ Petition is disposed of' There sha1l be no order as to costs. Miscellaneous applications, if any, pending shall stand closed SD/-L.LAKSHMI BABU -
ASSISTANT B.GISTRAR I (
//TRUE COPY//
SECTION OFFICER To, of
1. The Principal Secretary' Revenue Department' Secret