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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
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WEDNESDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 17867 OF 2021 Between:
1. Swaroop Dhupar, W/o. S P. Dhupar, Aged. 69 years, Occ. Housewife, R/o. Plot No.72, Gunrock Enclave, Phase-|. Gate 4, Secunderabad
2. Tei Tandon, W/ o.D.Tandon, Aged 65 years, Occ. Housewife, RJo.lnd ra ltrlansion, 16'69, Road No.12, Banjara Hills, Hyderabad ...PETITIONERS AND .1 . The State of Telangana, Revenue Department, Rep. by its Principal secretary, Secretariat at HYderabad Z. itre Cfriei Comririssioner of Land Administration, Government of Telangana, Revenue Department, HYderabad
3. The District Col lecto r, tr/edchal-ltrlalkajgiri District
4. The Tahsildar, Medchal Mandal tvledchal-Malkajgiri District s. iojrjiu.'C/o. Offi"e of Revenue Divisional'Officer, Medchal 1rilandal rr71r. f.f
o- nii xisnen Perstiad, S/ o. Late Raia Hari Kishen Pershad , aged 72 years Occ gr'rine.t, Rlo.l-35-462t2. BHEL Colony, Rasoolpura, Secunderabad z. Foonim irershad Seth, W/o. Late Prem Kishen Pershad, Aged 56 years, Occ'
Household
8. IVs. Premitha Pershad Seth, D/o. Late Prem Kishen Pershad' Aged 30 years'
Occ. Private Service g.
I\4s. lvlanitha Pershad Seth, D/o. Late Prem Kishen Pershad, Aged 28 years, Occ. Doctor
10. Roop Kishen Pershad Seth, S/o. Late Prem Kishen Pershad, Aged 24 years, Occ. Private Service, All F/o. H.No. Rlo.1-35-46211, BHEL Colony, Rasoolpura, Secunderabad ...RESP.NDENTS Petition under Adicle 226 ot lhe 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 3 and 4 in not mutating the names of the Petitioners herein in respect of land admeasuring Ac. 1.22 Gts. falling in Sy. no. 852, Ac. 1'1 .18 Gts. falling in Sy. no. 858 and Ac. 5.29 Gts. falling in Sy. no. 859 and Ac.4.39 Gts. falling in Sy. no. BB9 of Medchal Village and Mandal, Medchal-lt/a lkajgiri District in terms of Final Decree dated 2611012018 passed in O.S. No. 84 of 2004 by the Hon'ble I Addl. Chief Judge, City Civil Court, which suit was decreed basing on the judgment dated 1811012016 passed in SLP(C) No.(S)18618 of 2012 of the Honourable Supreme Court in terms of the settlement agreement reached between the parties to the partition suit, as illegal, arbitrary, violative of the provisions of the Telangana Rights in Land and Pattedar Passbooks {ct,2020, violative of the final decree dated 2611012018 and the judgment of the Honourable Supreme Court dated 1811012016, violative of CCLA's Circular No. 112021 daled 1510112021 and violative of Articles 14 and 3004 of the Constitution of lnd ia.
lA NO: 1 OF 2021
51 CPC praying that in the circun stances stated in the affP ide at vit ii to fn il eu on d ine r s uS pe pc oti ro t n o f1 the petition, the High co ou f r tt h m e a Py eb tie ti op nle ea rss e hd e rto e ind ir ae nc dt
3 and 4 to receive the application the Respondents Ac' 1'22 herein in respect of land adnreasuring m G fau t ls lt ia . n t gfe a l ilt nih n e Sg y n i .na nm S oe ys 8 5o n 9f o t a h B ne d5 P 2 Ae ' ct Ai 't i c O4o n i31 te 9 t1r r s i' G1 c 8 tt s iG n f at ts l eli rnf ma gl l si in n og S fi yn F' inS noy a ' l 8 n D8o 9 e coB rf e5 M8 e ea ddn acd th e A a dl c V 2 6i5 ll a 12 g 09 e 2 G a 0t n 1s d 8' Mandal, Medchal-Malkalgiri I Addl' Chief Judge' City Civil p Ca os us re t,d w i hn i cO h S su' itN wo a' sa +
d eJ cf r ez eO dO +
b ab sy in t gh e o nH to hn eo ju ur da gb mle e nt dated 181 rr0 t
2 in0 1 te6 r mpa ss s oe fd t hin e Supreme Co ol of the Honourable SLP(C) No. (S)18618 reac2 h0 e1 d2 between the parties to the partitiorl suit'
agreement settrement Petitioni!,itl*.rtiII.XStrH counser ror the REvENUE C ffo iu ;n ;;s ie il o fo rr t th ne e R nee ssP poo nn dent Nos'5 to 't0:---'
The Court made the following: ORDER
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HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.L7867 of2O2]-
ORDER:
This writ petition is filed seeking the following relief :
"...to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 3 & 4 in not mutating the names of the petitioners herein in respect of land admeasuring Ac.l-22 Gts falling in Sy.No.852, Ac. 1 1- 18 Gts falling in Sy.no.85g and Ac.S_29 Gts falling in Sy.no.859 and Ac.4-39 Gts falling in Sy.no.8g9 of Medchal Village and Mandal, Medchal-Malkajgiri Distiict in terms of Final Decree dated 26. lO.2O18 passed in O.S.No.g4 of 2004 by the Honble I Addl. Chief Judge, City Civil Court, ivhich suit was decre,ed basing on the judgment dated 1g.10.2016 passed in SLP(C).No. 18618 of 2Ol2 of the Honbte Supreme Court in terms of the settlement agreement reached between the parties to the partition suit, as illegal, arbitrary, violative of the provisions of the Telangana Rights in Land and pattedar passbooks Act, ZO2O violative of the final decree dated 26.lO.2}lg and thejudgment of the Honourable Supreme Court dated 1g.10.2016, violative of CCLA's Circular No.l /2021 dated 15.01.2021 and violative of Articles 14 & 300A of the Constitution of India and to pass such other order...'
2.
Heard Sri T. Surya Satish, learned counsel for the petitioner and learned Assistant Government pleader for Revenue.
3. On inter se dispute of share in the joint family property, petitioners and unofficial respondents were prosecuting the litigation that went up to the Honble Supreme Court of India. During the pendency of Civil Appeal No.10846 of 2OtT (Special l,eave Petition (C) No.18618 of 2Ol2l before the Hon]rle Supreme Court, the matter was referred to mediation and arbitration centre at Hyderabad. With active assistance of the mediation and arbitration centre parties have resoived the dispute. A settlement was entered into on 18.10.2016 recording the resolution of the dispute amicably, closing the curtains to inter se disputes. The Hon'ble Supreme Court recordJf if,. arrived at between ".tti"-..rt the parties and closed the Civil Appeal.
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4.Basedonthesettlementarrivedinterparties'petitioners applied for mutation of their names in the revenue recc'rds through Dharani web portal' The Dharani web portai assignecl application number as LM2 10003 1738 on 2O.O7 '2021 ' It is contended that there is no further progress on the application nrade by the petitioners.
5. According to learned counsel for the petitioners, though petitioners have uploaded ali the documents required along with theapplication,thewebsitedisplaysthatthepetitionr:rsto'upload ualid documents' without specifying what are tht: documents required.
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6. The claim of the petitioners for mutation referable to provisions in Sections 6 arrd 7 of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (Act 9 of 2020)' Under Section 6 of Act 9 of 2O2O a person can apply for recording his name in the revenue records, having claimed to have acquired right to the property by succession / survivorship / inheritance St:ction 7 seeks to give effect to the decision rendered by the corrrpetent Court' Section 7 requires the Tahsildar to allot date and tir-Ie , intimate to the person and maintain such particulars in the register in a prescribed format. When that person appears on the date fixed by the Tahsildar, the Tahsildar is required to verify the record as required by Sub-section (4) and if the claim is in compliance of Section 7, he should mutate his name and issue pattadar passbook.
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7. Apparently, except asking the petitioner for uploading the documents, without specifying what documents to be uploaded, the Tahsildar has not taken steps as required by Section 7.
8. Therefore, the Writ Petition is disposed of directing the Tahsildar to strictly follow the provisions of Act 9 of 2020. He shall fix a date for appearance of the petitioners by serving notice in advance. The Tahsildar shall also put on notice, respondents 5 to 10 and give them opportunity of hearing before consider
