In Y. Vara Laxmi vs The State Of Telangana And 3, on December 2, 2020, the Telangana High Court directed the petitioner to file an on-line application under Section 5(1) of the Telangana Rights inland and Pattadar Pass Books Act, 2020, for effecting the changes in the revenue records in respect of the subject land within a period of fifteen (15) days.
Brief Facts of the Case
This Writ Petition is filed by the petitioner, wherein the following prayer is made:
To issue a writ, order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 4th respondent herein, is not considering the case of the petitioner for mutation of her name in web land as pattadar and possessor and also for issuance of ePattadar Passbook and title deed in her favour in respect of land situated at Bommaraspet Village, Shamirpet Mandal, Medchal-Malkajgiri District, on her application dated 16.02.2020, as illegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice and consequently direct the respondents to consider the application of the petitioner dated 16.02.2020 made for mutation of her name in web land as pattadar and possessor and also for issuance of e-Pattadar Passbook and title deed in her favour in respect of the subject land after following due procedure strictly in accordance with the law and pass such other order or orders.
The Contention of the Petitioner
The learned counsel for the petitioner submitted that the petitioner is the absolute owner and possessor of land situated at Bommaraspet Village, Shamirpet Mandal, Medchal-Malkajgiri District, having purchased the same from her vendors by way of a registered sale deed, dated 14.11.2017.
Due to inadvertence, the petitioner could not mutate her name in the revenue records immediately after the purchase of the subject land. However, the petitioner submitted an application on 16.02.2020 to the 4th respondent/Tahsildar, Shamirpet Mandal, seeking mutation of her name in the revenue records and for issuance of E-Pattadar Pass Book and title deed in respect of the subject land, but so far no action has been taken by the respondents and ultimately requested this Court to grant the relief as indicated above.
The contention of the Respondent
The learned Assistant Government Pleader for Revenue appearing for the respondents submitted that in view of enactment and coming into force of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, the petitioner is required to submit an on-line application under Section 5(1) of the said Act for mutation of her name in the revenue records since she claims to have acquired the subject land by way of a registered sale deed.
Observation of the Court
The Court observed that the subject application, dated 16.02.2020, submitted by the petitioner is not in order, and as such, the relief sought by her in this writ petition cannot be granted.
The petitioner is required to file an on-line application fulfilling the requirements under Section 5(1) of the new Telangana Rights in Land and Pattadar Pass Books Act, 2020, for effecting changes, if any, in the revenue record, in respect of the subject land.
Order of the Court
The Court directed the petitioner to file an on-line application under Section 5(1) of the Telangana Rights inland and Pattadar Pass Books Act, 2020, for effecting the changes in the revenue records in respect of the subject land within a period of fifteen (15) days. On the filing of such on-line application, the Court also directed the respondents to examine and dispose of the same expeditiously.
Click here to read the judgement.
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