Telangana High Court
S.Laxmi Reddy vs The State Of Telangana on 15 July, 2024
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.18615 of 2024
ORAL ORDER:
Heard learned counsel for the petitioner and Sri Somu Srinivas Reddy, learned Assistant Government Pleader for Revenue.
2. Petitioner herein is claiming that he has purchased land admeasuring Ac.2-25 cents in Sy.No.273/1, Ac.2-32 cents in Sy.No.273/1 and Ac.2-90 cents in Sy.No.272/3, total land admeasuring Ac.7-18.8 cents, situated at Pullur Village, Undavapalli Mandal, Jogulamba Gadwal District under a registered sale deed bearing document Nos.1947 of 2013, 1949 of 2013 and 1948 of 2013 dated 01.04.2013. In proof of the same, he has filed copies of the said sale deeds and also old pattadar passbooks of his vendors. He has submitted several representations dated 20.10.2014, 08.08.2018, 19.08.2020 and 20.08.2020 to the respondents with a request to mutate his name and issue E-Pattadar passbook. He has also submitted online application No.2200000938 dated 04.01.2022 with respondent No.2 with a request to mutate his name and issue E-Pattadar passbook. The 2 same was rejected on the ground that subject land is ceiling surplus land. According to the petitioner, it is patta land of his vendors and it is not a ceiling surplus land. Even, in the pattadar passbook of his vendors, it is mentioned as patta land, self-acquired and Nadarath. Petitioner herein has also filed copies of pahanies, wherein, the subject land is mentioned as patta land.
3. Sri K.G. Krishna Murthy, learned Senior counsel representing Ms. K. Kiran Mayee, learned counsel for the petitioner, on instructions would submit that without considering the said aspects, respondent No.2 simply rejected the said application submitted by the petitioner seeking mutation of his name only on the ground that it is ceiling surplus land. Thus, the said rejection is not on consideration of actual facts on record.
4. Whereas, learned Assistant Government Pleader for Revenue has produced written instructions of respondent No.3, wherein it is stated that he has re-verified the revenue records. As per the entries recorded in Khasra Pahani for the year 1954-55 of Pullur Village that Sri Challa Rami Reddy S/o Gidda Reddy R/o Pullur was the pattedar over the Sy.No.273, total extent of Ac.13-27 3 gts of Pullur Village. The nature of land was recorded as "Sarkari" under ceiling act as per the Jamabandhi for the year 1970-71. Later, an extent of Ac.4-32 gts out of total extent of ceiling surplus land of Ac.13-17 gts was assigned to Sri Hr. Linganna S/o Pullanna R/o Pullur Village. Sri Hr. Linganna, the Ceiling Surplus Land Assignee has alienated the lands in Sy.No.273/1, Ac.2-25, 2-32 cents vide registered sale deed Nos.1947 of 2013 and 1949 of 2013 respectively to Sri S. Laxmi Reddy S/o S. Veera Reddy, the writ petitioner herein as against assignment rules. The said written instructions are placed on record.
5. In the light of the aforesaid discussion, this Writ Petition is disposed of, setting aside the impugned rejection order of respondent No.2 and the matter is remanded back to the 2nd respondent with a direction to consider the aforesaid online application No.2200000938 dated 04.01.2022, pass appropriate orders strictly in accordance with law afresh, by putting the petitioner and all effected parties on notice and affording them an opportunity. If, the 2nd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to the 4 petitioner and complete the said exercise within eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
___________________ K. LAKSHMAN, J 15.07.2024 ssy