Telangana High Court
R. Thirupathi vs The State Of Telangana on 20 April, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.10237 of 2021
Date:20.04.2021
Between:
R. Thirupathi S/o.Rajaiah,
Aged about 80 yrs, Occu : Agriculture,
R/o.H.No.7-2-711, Mankamma Thota,
Karimnagar District.
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue Department,
Secretariat, Hyderabad & others
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.10237 of 2021
ORDER :
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.
2. Petitioner claims that land to an extent of Ac.4.08 guntas in Sy.No.884 of Jangampally Village, Biknoor Mandal, Kamareddy District is a private patta land and all along the revenue records reflected the status of land as private patta land. That being so, the digital pattadar passbook was issued to him bearing passbook Nos.60125, 2519, 60368 and 2522 showing the extent of lands as Lavoni patta. The reflection of status of land in digital pattadar passbook is ex-facie illegal, contrary to the record and amounts to arbitrary exercise of power. Aggrieved by the said action of the respondent-Tahsildar, he submitted representation on 09.04.2021 marking a copy to the District Collector. Alleging inaction, this writ petition is filed.
3. Prima-facie, not acting on the representation within three days before filing the writ petition cannot be said as amounting to grave illegality or negligence in performing the duties. However, the Court is not resting on this issue at this stage.
4. If the claim of the petitioner is valid and reflection of entries in the present passbook is contrary to the record and this being patta land, petitioner is entitled to seek redressal of his grievance by submitting application through online web portal Dharani to -3- the District Collector by uploading all the relevant documents in support of his claim.
5. As per Circular instruction No.1 of 2021 issued by the Chief Commissioner for Land Administration on 15.01.2021, the grievances of this nature can be attended to by the District Collector. Therefore, petitioner is granted liberty to make application to the District Collector-2nd respondent through online web portal Dharani. If such application is made and received by the 2nd respondent, the 2nd respondent is directed to examine the claim of petitioner and if illegally the status of land is shown as Lavoni patta and if it is found that it is a private patta land, the same shall be rectified and new e-pattadar passbook be issued to the petitioner by correcting the entries in the revenue records. The District Collector is also directed to look into the aspect as to how wrong entries are made in the pattadar passbook, when all along the land is shown as private patta land and take action as warranted by law. If the District Collector is not accepting the request of petitioner for correction in the revenue records in the pattadar passbook, he shall pass orders assigning reasons in support of his decision as to why the revenue authorities are treating the land as Lavoni patta. The entire exercise shall be completed within a period of six weeks from the date of receipt of application as directed above.
6. With the above observations, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 20th April, 2021 Rds -4- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.10237 of 2021 Date:20.04.2021 Rds