Maddela Hymavathi and another vs The State of Telangana and another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
IVONDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO wRtT PET|T|ON NO. 9060 0F 2021 Betwee n:
IVaddela Hymavathi, D/o l\/addela Raja Ratnam, aged about 60 yrs, R/o H.No.2-
129l3lC,Sitanagar, Karimnagar, Karimnagar District
2 lVladdela Anil Kumar, S/o l\,4addela Premanandam, aged about 40 yrs, Rio District.
H,No.4-7-141, lVudami Street, Peddapalli Town and ...'ET,T,ONERS AND The State of Telangana, Revenue Dept., Secretariat, Hyderabad. Rep.by its
1 Principal Secretary.
2 The Tahsildar cum Joint Registrar, Peddapalli, Peddapalli l\,4andal, Peddapalli 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 a Writ, Order, or Direction, more particularly one in nature of Writ of IVANDAIVUS to direct the Respondent no.2 to consider and dispose off the Joint Agreement in pursuance of application under Rule 6(t ) a (2) of the Rights in Land and Pattadar Pass Books Act, 2020 dt.2510112021 filed in pursuance of lvlemo No.81243712020 dt. -'1 1-2020 of the 2nd respondent pertaining to Sy.No.26 of Rangampally Village, Peddapally l\,4andal & District and consequently declare the inaction of the respondent no.2 in disposing off the statutory application d|.2510112021 filed under Rule 6(1) and (2) of the Rights in Land and Pattadar Pass Books Act, 2020, as bad in law and violative of provisions of Rights in Land and Pattadar Pass Books Acl,2020, in the lnterest of Justice.
lA NO: 1 OF 2021 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 Respondent no.2 to consider and dispose off the Joint Agreement in pursuance of application under Rule 6(1) and (2) of the Rights in Land and Pattadar Pass Books Act, 2020 dt.25-01-2021 filed in pursuance of Memo No.81243712020 dt. -11-2020 of the 2nd respondent pertaining to Sy.No.26 of Rangampally Village, Peddapally IVIandal & District, Pending Disposal of the Writ Petition and pass Counsel for the Petitioners: M/S. BOKARO SAPNA REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HONOURABLE SRI JUSTICE P'NAVEEN RAO WRIT PETITION No.9O6O OF 2O2l "

ORDER:

Heard learnecl counsel for petitioners and learned Assistant Government Pleader for Revenue

2. From the material placecl on record, it is seen that in

12.11.2O2O, this Writ Petition is filed.

3. Act 9 of 2020 simplified the procedure for request to mutate the names in revenue records. Sections 5,6 and 7 deal with different contingencies in which persons claiming to have acquired title on agricultural land can apply for mutation' Section 6 deals with land acquired through succession/ survivorship and inheritance. It requires petitioners to submit application through online web portal enclosing joint agreement prescribing determination of shares The Act does not envisage application in physical form. If petitioners want to mutate their names' they have to make application through online web portal by enclosing joint agreement. Though learned counsel for petitioners sought to contend that online application was made, but no material is placed on record to show that petitioners submitted application'

Unless the petitioners comply with the requirements of Section 6 of the Act 9 of 2O2O and make application through online web portal, the respondents cannot be faulted on not acting on the request of the petitioners.

+ Thus granting liberty to the petitioners to make application through online u'eb portar in compriance of Section 6 of the Act 9 of

2020, this Wrir perition is dismissed. pending miscellaneous petitions, if any, shall stand closed.

SD/.L.LAKSHMI BABU ASSISTANT REGISTRAR COPY// ,TRUE SECTIOl\tr-6FFICER To, 1. One CC to M/s. Bokaro Sapna Reddy, Advocate [OPUC]

2. Two CCs to GP for Revenue, High Court fbr the'State of Telangana at Hyderabad. [OUTj

3. Two CD Copies.

IVP

HIGH COURT DATED:1210412021 \ fr ,:\ (;

ORDER i,J s. \-

-s"/

WP.No.9O60 of 2021 \

l)'ll \.

DISMISSING THE WRIT PETITION WITHOUT COSTS ,F).. r s

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