Kummari Laxmi vs. State Of Telangana
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Order Issued After Hearing
Purpose:
Admission (Revenue)
Before:
Hon'ble K.Lakshman
Listed On:
13 Apr 2023
Original Order Copy
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Order Text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION NO: 10168 OF 2023
Between:
Smt. Kummari Laxmi, W/o. Late Chinna Narayana Aged 60 years R/o. H.No. 1-80, Chandanagar Chinna Mangalaram, Moinabad Mandal Rangareddy District - 505 504.
... PETITIONER
AND
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- State of Telangana, Rep. by its Secretary, Revenue Department Secretariat, Hyderabad.
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- The District Collector, Rangareddy District.
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- The Tahsildar, Moinabad Mandal Rangareddy District.
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- The Chief Commissioner Land Administration. Abids, Hyderabad.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or directions declaring the action of the respondents in not rectifying the wrong entries in the revenue records / Dharani Portal in respect of petitioner's land admeasuring Ac. 0-34 Gts in Sy.No.73/1/e and Ac.0-03 Gts in Sy.No.73/2/e (Sy.No.73/1/U) total admeasuring Ac.0-37 Gts situated at Mothukupalli Village, Moinabad Mandal, Rangareddy District as illegal and arbitrary and in violation of Article 300-A of the Constitution of India and consequently direct the respondents to issue Pattadar Passbook and title deeds to the petitioner by correcting the entries in the revenue records and Dharani Portal in respect of land admeasuring Ac.0-34 Gts in Sy.No.73/1/e and Ac.0-03 Gts in Sy.No.73/2/e (Sy.No.73/1/U) total admeasuring Ac.0-37 Gts situated at Mothukupalli Village, Moinabad Mandal, Rangareddy District as and Dharani Portal in respect of land admeasuring Ac.0-34 Gts in Sy.No.73/1/e and Ac.0-03 Gts in Sy.No.73/2/e (Sy.No.73/1/U) total admeasuring Ac.0-37 Gts situated at Mothukupalli Village, Moinabad Mandal, Rangareddy District.
IA NO: 1 OF 2023
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 respondents to take appropriate steps to rectify the wrong entries in the revenue records / Dharani Portal in respect of petitioner's land admeasuring Ac.0-34 Gts in Sy.No.73/1/e and Ac.0-03 Gts in Sy.No.73/2/e (Sy.No.73/1/U) total admeasuring Ac.0-37 Gts situated at Mothukupalli Village, Moinabad Mandal, Rangareddy District, pending final adjudication of the writ petition.
Counsel for the Petitioner: M/s. INDUS LAW FIRM
Counsel for the Respondents: ASST. GP FOR REVENUE
The Court made the following: ORDER
HON'BLE SRI JUSTICE K. LAKSHMAN
wRIT PETITION No.l0l68 OF 2023 ORAL OR-DER:
Heard learned counsel fbr the petitioners and leamed Assistant Government Pleadcr fbr Revenue appearing on behalf of the respondents
- The pctitioncr hcreirr is claiming that her name is Kummari Laxmi, rvife ol iare Clh inna Narayana and that she is the absolute owner and possessor of the land admeasuring Ac.0-34 guntas in Survey No.73l1/a and admeasur.ing Ac.0-03 guntas in Survey No.73l2la, making a total cxrent of' Ac.0-37 guntas, situated at Mothukupalli village, Moi.abad Mandal, Ranga Reddy District. She acquired the said land by viftue ol'succession. [n proofofthe same, she has filed copies of old and nerv pattadar pass book and title deed and pahanies. But, in the new pattadar pass book and title deed, the name of the petitioner is wrongly rne,tioncd as 'Lax,anrnra Kummari, and the survey numbers and extents are also rvrongly rnentioned as Survey No.73l1/6a to an extent of Ac.0-17 guutas and Sur.ve1, No.83e9 to an extent of Acs.4.l3 guntas making a total extenr ol- ACs.5. t0 guntas. Therefore, the petitioner had sub,ritred a *,rittcr.r rcpresentation with r.espondent No.3 to
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rectify the aforesaid mistakes. Despite the receiving and acknowledging the same, the respondents did not act upon the same. Therefore, the present writ petition.
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On the other hand, learned Assistant Government Pleader for Revenue, on instructions, would submit that as per CCLA's Circular No.1/2021, dated 15-01-2021, the petitioner herein has to submit online application to respondent No.2, who in turn, will consider the said online application submitted by the petitioner and pass appropriate orders in accordance with law.
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In view of the above submission, in fact, the petitioner has to submit online application with respondent No.2 in terms of the aforesaid CCLA's Circular, dated 15.01.2021 with a request to correct the wrong entries.
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In view of the above discussion, this writ petition is disposed of granting liberty to the petitioner to submit online application in terms of aforesaid CCLA's Circular No.1/2021, dated 15-01-2021, with respondent No.2 with a request to correct the aforesaid wrong entries along with supporting documents. On filing such application, respondent No.2 shall consider the same and pass appropriate orders strictly in accordance with law by putting the petitioner and all affected
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parties on notice and affording them an opportunity. If respondent No.2 is not inclined to consider the request of the petitioner, he shall assign specific reasons and communicate a copy thereof to the petitioner. Respondent No.2 shall complete the entire exercise within eight (08) weeks from the date of submission of on-line application. In the circumstances of the case, there shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the
writ petition shall stand closed.
SD/-A.V.S. PRAŞAD ASSISTANT REGISTRAR SECTION OFFICER
//TRUE COPY//
Τo,
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- The Secretary. Revenue Department. State of Telangana, Secretariat, Hyderabad.
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- The District Collector, Rangareddy District.
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- The Tahsildar, Moinabad Mandal Rangareddy District.
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The Chief Commissioner Land Administration, Abids, Hyderabad. One CC to M/s. INDUS LAW FIRM, Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana. IOUT
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Two CD Copies 7.
BN LS
HIGH COURT
DATED:13/04/2023
ORDER
WP.No.10168 of 2023