Telangana High Court
Muppidi Aruna Reddy vs The State Of Telengana And 5 Others on 16 August, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No. 18305 of 2021
Date: 16.08.2021
Between:
Muppidi Aruna Reddy w/o Muppidi Madhukar Reddy
Aged 51 years Occ Housewife
R/o H No 222153 Sail colony New Bowenpally Secunderabad
..Petitioner
And
The State of Telengana and 5 others
Rep by its Principal Secretary Revenue Department Hyderabad
..Respondents
The Court made the following:
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No. 18305 of 2021
ORDER:
Heard Sri G Ravi Chandran, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
2. This writ petition is filed seeking the following relief:
...... to issue an order or direction more particularly one in the nature of Writ of MANDAMUS By declaring the action of the Respondent No 5 in not issuing patta pass book and title deed on the name of the petitioner in respect of Agricultural land in Sy No 229/A admeasuring Ac. 1.00 guntas Sy no. 230 admeasuring Ac. 0.10 guntas Sy no 232/EE admeasuring Ac 0 07 guntas Sy no 233 admeasuring Ac. 0.14 guntas and sy. No. 235/AA admeasuring ac 0 09 guntas totally admeasuring Ac 2 00 guntas situated at laxmapur village and Gram Panchayat Shamirpet Mandal MedchalMalkajgiri District in spite of mutation proceedings issued by Respondent No 5 vide proceedings No B/3647/2017 dated 8/3/2018 and not considering her representation dated 19/7/2021 addressed to the Respondent No 3 is illegal arbitrary violative of Art 14, 21 and 300A of the Constitution of India and Consequently direct the Respondent No 5 to immediately issue patta pass book and title deed on the name of the petitioner in respect of Agricultural land in Sy No 229/A admeasuring Ac.1. 00 guntas Sy no 230 admeasuring Ac 0 10 guntas Sy no. 232/EE admeasuring Ac.0.07 guntas Sy no.233 admeasuring Ac. 0.14 guntas and Sy no 235/AA admeasuring ac 0 09 guntas totally admeasuring Ac. 2.00 guntas situated at laxmapur village and Gram Panchayat Shamirpet Mandal MedchalMalkajgiri district and also to release Rythu Bandhu amount from 2017 onwards till date Rs 20000/ per year and also to include her lands under the Rythu Bhima Scheme Insurance and pass ..........."
3. According to petitioner he purchased agricultural land in Survey No. 229/A admeasuring Ac.1.00 guntas; Survey NO. 230 admeasuring Ac.0.10 guntas; Survey No. 232/EE admeasuring Ac.0.07 3 guntas; Survey No. 233 admeasuring Ac.0.14 guntas and survey No. 235/AA admeasuring Ac.0.09 guntas total admeasuring Ac.2.00 gutnas in Laxmapur village and Gram Panchayat, Shamirpet mandal, Medchal- Malkajgiri district by virtue of registered sale deed bearing No. 2673/2017 dated 6.9.2017. Based on the said sale deed the Tahsildar - 5th respondent issued orders on 8.3.2018 granting mutation in favour of the petitioner. Though petitioner is declared as pattadar, pattadar pass book and title deed is not issue so far, causing hardship and suffering. Since pattadar pass book is not issued to him, he is deprived of benefits extended to farming sector by the State Government.
4. In substance, the grievance of petitioner is against not issuing pattadar pass books.
5. In supercession of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'Act 26 of 1971'), the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short 'Act 9 of 2020') is brought in. The Act 9 of 2020 simplified the procedure of mutation. However, Act No. 9 of 2020 does not envisage mechanism to redress grievances of this nature. To redress grievances of this nature, the Chief Commissioner of Land Administration issued circular No.1 of 2021 dated 15.1.2021 authorizing the District Collectors to look into the 4 grievance of individuals and on various aspects concerning entries in revenue records. Admittedly, petitioner has not availed said remedy but straight away invoked the jurisdiction of this Court by referring to the applications submitted in physical form.
6. Having regard to the same, it cannot be said that revenue authorities are negligent in acting on the grievances of the petitioner, warranting issuing mandamus straightaway.
7. Accordingly, writ petition is disposed of granting liberty to the petitioner to file application under circular No.1 of 2021 dated 15.1.2021 of the Chief Commissioner of Land Administration to the District Collector through Dharani online web portal uploading all the documents in support of his claim. As and when such application is made, the District Collector shall look into the matter and take a decision as warranted by law within a period of ten weeks from the date of submission of such application. Pending miscellaneous petitions, if any, shall stand closed. No costs.
___________________ P.NAVEEN RAO, J Date : 16 .08.2021 Tvk 5 HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 18305 of 2021 Date: 16.08.2021