2024 Supreme(Online)(TEL) 14637
HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.6501 of 2015
ORDER:
This writ petition is filed seeking the following relief:
“to issue Writ of Mandamus or any other appropriate Direction declaring the action of the respondents in not acting declaring the action of the 4th respondent in Recording the 5th respondent name in Possessory Colum of Revenue Records as Possession of an extent of Ac 437 guntas in Sy.No.1123/2, Dubbupally Village, Chelpur Post, Ghanpur Mandal, Warangal District as illegal, arbitrary, without jurisdiction and violation of principal of natural justice and contrary to sections of A.P.Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the 4th respondent to amend the Revenue Records in possessory Colum by deleting the name of the 5th respondent by Recording the names of the petitioners in Revenue Records of an extent of Ac.4-37 guntas in Sy.No.1123/2, Dubbupally Village, Chelpur Post, Ghanpur Mandal, Warangal District.”
2. Heard Sri G.Simhadri, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri R.Vinod Reddy, learned standing counsel appearing for respondent No.5.
3. Learned counsel for the petitioners submits that petitioners are the owners and possessors of the agricultural land admeasuring Ac.4-37 gts in Sy.No.1123/2, situated at Dubbupally Village, Chelpur Post, Ghanpur Mandal, Warangal District. Petitioners have submitted an application dated 09.02.2015 to respondent No.4 to record their names in the possessory column of revenue records in respect of the subject property, by deleting the name of respondent No.5. Inspite of repeated representations made by the petitioners, respondent No.4 has not taken any steps to delete the name of respondent No.5 in possessory column and correct the wrong entries. The action of respondent No.4 is gross violation of principles of natural justice and contrary to law.
4. Learned Assistant Government Pleader for respondents submits that during pendency of the writ petition, the State of Telangana, while repealing the Pattadar Pass Books Act,1971 introduced Record of Rights under the Telangana Rights in land and Pattadar Pass Books Act, 2020 (Telangana Act No.9 of 2020) and also framed Rules vide G.O.Ms.No.4, Revenue(Assignment-I) Dept., dated 12.01.2021 and by virtue of the new enactment and Rules thereunder, petitioners have to submit online application in Dharani Portal to respondent No.2 and as soon as the petitioners submits such application, respondent No.2 will consider the same and pass appropriate orders in accordance with law.
5. By way of reply, learned counsel for the petitioners submits that petitioners may be granted liberty to submit online application as per Telangana Act No.9 of 2020.
6. In view of the above said submissions, without going into the merits of the case, this Court deems it appropriate to dispose of the Writ Petition, granting liberty to the petitioners to make online application invoking the Rules under Dharani Portal to respondent No.2 within a period of four (4) weeks from the date of receipt of a copy of this order and on such application being made, respondent No.2 is directed to consider the same and pass appropriate orders in accordance with law, within eight (8) weeks from thereafter.
7. With the above direction, the Writ Petition is disposed of. No costs.
Pending miscellaneous applications, if any, shall stand closed.
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JUSTICE J. SREENIVAS RAO Date: 05.06.2024