Excerpt
In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to follow various procedures according to Section 6 of the Act which enables a person to make an application to mutate his name on property claimed to have been acquired by way of succession/survivorship/inheritance and such applications have to be made through on-line web portal “DHARANI””.
Brief Facts of the Case
The petitioners claim that they have inherited agricultural land of various extents mentioned in paragraph No.3 of the affidavit filed in support of writ petition against different survey numbers of Ananthsagar Village, Haveli Ghanpur Mandal, Medak District. After the death of their father, petitioners submitted representations to the fourth respondent to mutate their names in the place of their father. Though the petitioners make several representations, their request, to mutate their names, has not been considered by the Tahsildar. Thus, this writ petition is filed.
Submission of the Petitioner
The learned counsel for petitioners submitted that despite making several representations, the Tahsildar has not considered the request of the petitioners to mutate their names.
Submission of the Respondent
According to the respondent, after the launching of “DHARANI” web portal, no application has been made by the petitioners. The prayer in the writ petition is against the non-consideration of the physical application made by the petitioners before coming into force of the new act and introduction of “DHARANI” portal. The relief, which is prayed by the petitioners, should not be granted.
Observation of the Court
The State of Telangana notified the Telangana Rights in Land and Pattadar Passbooks Act, 2020 repealing the Act, 26 of 1971. Consequently, an online portal is also launched called “DHARANI”. It has prescribed various procedures to make an application for mutation of the names. Section 6 of the Act enables a person to make an application to mutate his name on property claimed to have been acquired by way of succession/survivorship/inheritance and such applications have to be made through an on-line web portal “DHARANI”. After the launching of “DHARANI” web portal, petitioners have not made any application. The prayer in the writ petition is against non-consideration of the physical application made by the petitioners before coming into force of the new act and introduction of “DHARANI” portal.
Order of the Court
The relief, which is prayed by the petitioners in the writ petition, cannot be granted. However, since petitioners claim to have been succeeded to the subject property, it is open to them to make an application online “DHARANI” portal. On making the said application, the fourth respondent-Tahsildar to process the same and take an appropriate decision as warranted by law and communicate his decision to the petitioners within a period of eight weeks from the date of such application.
For the original Order of the Court – “Click here”
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