Shapolu Padma Alias Gujjeti Padma v. State Of Telangana
2020-11-18
SHAMEEM AKTHER
body2020
DigiLaw.ai
JUDGMENT Shameem Akther, J. - This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: "...to issue writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of the respondent No.4 in not recording/entering the name of the petitioner on online and not issuing E-patta pass book (PPB)/Title Deed (TD) under Section 5, 6-A and 6-D of Telangana Rights in Land and Pattadar Pass Books Act, 1971, in respect of agricultural land admeasuring Ac.0.39 gts in Sy.No.163/AA2, situated at Pragnapur Village, Gajwel Mandal, Siddipet District (erstwhile Medak Dist), T.S. as illegal, arbitrary, unjust and against the principles of natural justice and further declare the action of the 4th respondent in issuing the endorsement vide Lr.NoB/555/2020 dt.18-03-2020 by rejecting/denying the application of the petitioner is also illegal, arbitrary, without jurisdiction and against the principles of natural justice and consequently set aside the endorsement dt.18-03-2020 of the 4th respondent and pass such other order or orders..." 2. Heard the learned counsel for the petitioner and perused the record. 3. The learned counsel for the petitioner would contend that the petitioner is the owner and possessor of agricultural land admeasuring Ac.0.39 guntas in Sy.No.163/AA2, situated at Pragnapur Village, Gajwel Mandal, Siddipet District (erstwhile Medak District), having inherited the same by way of succession. Her name was mutated in the revenue records and Pattadar pass book was also issued in her favour, vide Patta No.0166, and the same was recorded in Form 1-B on 24.04.2018. In the Adangals of the year 2005-06 and 2010-11, the name of the petitioner was shown at column No.13. Thereafter, the petitioner filed a representation dated Nil to the 4th respondent/Tahsildar, Gajwel Mandal, requesting to enter her name in the online revenue records in respect of the subject land. While so, the 4th respondent issued an endorsement in Lr.No.B/555/2020, dated 18.03.2020, stating that the petitioner is not in possession of the subject land, which is illegal, arbitrary and ultimately prayed to set aside the said endorsement, dated 18.03.2020, and direct the 4th respondent to examine and dispose of the representation submitted by the petitioner by passing a detailed order. 4.
4. On the other hand, the learned Assistant Government Pleader for Revenue representing the respondents would contend that the representation submitted by the petitioner was already disposed of by the 4th respondent/Tahsildar, Gajwel Mandal, vide endorsement in Lr.No.B/555/2020, dated 18.03.2020, stating that the petitioner is not in possession of the subject land. No further orders are required to be passed on the said representation of the petitioner and ultimately prayed to dismiss the writ petition. 5. As far as issuance of Pattadar pass book and title deed in respect of the subject land is concerned, the name of the petitioner was mutated in the revenue records in respect of the subject land and Pattadar pass book was also issued in her favour, vide Patta No.0166, and the same was recorded in Form 1-B on 24.04.2018 and in the Adangals of the year 2005-06 and 2010-11 also, the name of the petitioner was shown at column No.13. In the impugned endorsement, dated 18.03.2020, there is no mention as to how the petitioner lost her possession over the subject land and who are in actual possession of the subject land. Moreover, the impugned endorsement, dated 18.03.2020, is not a detailed order. The Tahsildar concerned ought to have passed a detailed order on the subject application submitted by the petitioner. The petitioner claims to be in possession of the subject land. 6. Under these circumstances, the impugned endorsement in Lr.No.B/555/2020, dated 18.03.2020, of the 4th respondent/ Tahsildar, Gajwel Mandal, is set aside. The 4th respondent is directed to examine the averments of the application submitted by the petitioner and pass a detailed order, in accordance with law, within two (02) months from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed.