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LAND REVENUE - CORRECTION OF ENTRIES - MANDAMUS - [Telangana Rights in Land and Pattadar Passbooks Act, 2020] - High Court directed the District Collector to pass orders on the petitioner's application for correction of revenue entries within eight weeks.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the District Collector to consider his representation for correction of entries in revenue records relating to his land. The petitioner claimed that his family had been in possession of the land for generations and that their names had been recorded in the revenue records as pattadars and possessors. However, in 2017, the name of the petitioner's mother was deleted from the records without following due process of law.
Finding of the Court:
The High Court found that the petitioner had a prima facie case for correction of the revenue entries. The Court noted that the petitioner had been in possession of the land for generations and that his family's names had been recorded in the revenue records as pattadars and possessors. The Court also noted that the petitioner had submitted a representation to the District Collector for correction of the entries, but the Collector had not yet passed any orders on the representation.
Issues: Whether the petitioner was entitled to a writ of mandamus directing the District Collector to consider his representation for correction of entries in revenue records.
Ratio Decidendi: The High Court held that the petitioner was entitled to a writ of mandamus directing the District Collector to consider his representation for correction of entries in revenue records. The Court held that the petitioner had a prima facie case for correction of the entries and that the District Collector had a statutory duty to consider the petitioner's representation.
Final Decision: The High Court disposed of the writ petition by directing the District Collector to pass orders on the petitioner's application for correction of revenue entries within eight weeks from the date of receipt of a copy of the order.
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction)
THURSDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO: 200 OF 2022 Between:
Mohd. Baboddin, S/o.lVlohd.Kasim aged about 58 years, Occ.Business, Rio. H. No.9-72lC, Pattargatti, Mahadevpur, Jai Shankar Bhupalapally District, Rep. by his GPA Hoider Mohd. Ameenuddin S/o.late lr,4ohd. Kasim.
...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department Secretariat, Hyderabad.
2. The District Collector, Jai Shankar Bhoopalpally District.
3. The Revenue Divisional Officer, Jai Shankar Bhoopalpally District.
4.
The Tahsildar, Mahadevpur Mandal, Jai Shankar Bhoopalpally District.
...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents more particularly the 2nd respondent in not considering the representation of the petitione r daled.22l1ol2o21 and 171121202'1 made for correction of entries in concerned revenue records in respect of land bearing sy.No.'14, admeasuring Ac.10-13 G ts., situated at Kothapet Village, Mahadevpur Mbndal, Jai Shankar Bhoopalpally District, as illegal, arbitrary, uniust, unconstitutional, violation of principles of natural .iustice and also contrary to the provisions of relangana Rights in Land and pattadar passbooks Act, 2020, and consequently direct the 2nd respondent to consider the representation of the petitioner dated. 2211012021 and jZl12l2O21 .
IA O: 1 F 2022 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 2nd respondent to consider the representation of the petitioner dated,22l10l2021 and 1711212021 made for correction of entries in concerned revenue records in respect of rand bearing Sy.No.14, admeasuring Ac.10-13 Gts., situated at Kothap )t Village, Mahadevpur Mandal, Jai Shankar Bhoopalpally District, pending disl osal of the writ petition.
Counsel for the Peti ioner : SRl. MOHO MOIN AHMED QUADRI Counsel for the Res rondents : GP FOR REVENUE The Court made the 'ollowing: ORDER THE HON'BLE SRI JUSTICE B, VIJAYSEN REDDY WRIT PETITION NO.2OO OF 2022 ORDER:
The case of the petitioner is that petitioner and other family members are lawful owners and possessors of land admeasuring Acs.1O.13 gts in Survey No.14 situated at Kothapet Village, Mahadevpur Mandal, Jai Shankar Bhoopalpally District. They had been in possession of the subject land by virtue of succession. Originally, their ancestors were pattadars and possessors of this land. Their names were recorded in pattadar and possessor viz., Adangal, 1-B pahanis etc. Without following due process of law, name of the mother of the petitioner was deleted in the revenue records in the year 20L7. Petitioner submitted representation dated 22.10.2021 and also through Mee-seva application dated 1 7. l2.2o2l for correction of revenue entries. Hence, the petitioner seeks direction to the second respondent to pass orders on application of the petitioner for correction of revenue entries.
In the above circumstances, the Writ petition is disposed of directing the second respondent to pass orders on application of the petitioner bearing No.LM2 100105271 dated 17.12.2021 and pass orders for correction of revenue records in respect of land admeasuring Acs.1O. 13 gts in Survey No.14 situated at Kothapet Village, Mahadevpur Mandal, Jai Disffict' within a period of eight (8)
Shankar B roopalpally weeks from the date of receipt of a copy of this order'
Thert shal1 be no order as to costs' Miscellaneous application s, if any, pending shall stand closed'
SD/. V.KAVITHA ASSISTANT REGISTRAR ,TRUE COPY//
SECTION OFFICER To, I?:Jrlffi["] secretary, R
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