High CourtsSingle Bench(2021) 06 TEL CK 0004

Bantu Buchi Babu vs State Of Telangana

Telangana High Court · Decided on 7 June 2021

HON’BLE JUDGES
P.Naveen Rao, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 16022 Of 2020

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Judgment

17 paragraphs · 413 words
1.

Heard Mr. Kiran Palakurthi learned counsel for petitioner and the learned Assistant Government Pleader for Revenue for respondents.

2.

According to the petitioner, he purchased the land to an extent of Ac.0.23¼ guntas vide registered document No.290/2014 and Ac.0.19¼ guntas

by way of registered sale deed vide document No.2495/2013. Based on the registered documents, petitioner claimed to have submitted representations

requesting the Tahsildar to mutate his name in the revenue records and issue pattadar passbooks. Alleging inaction, this writ petition is filed.

3.

The representations submitted by the petitioner on 11.05.2020, 28.05.2020 and 07.09.020 to the Tahsildar and on 1.06.2020 to the District Collector

are filed in the writ petition paper book. The registered sale deed is filed as Ex.P5 at page no.18 of the writ petition paper book.

4.

In supersession of the Telangana State Rights in Land and Pattadar Passbooks Act, 1971 (Act 26 of 1971), the State promulgated the Telangana

State Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020). Act 9 of 2020 simplifies the procedure of mutation claims in the revenue

records on three contingencies as provided in Sections 5 to 7 of the Act 9 of 2020. As petitioner is claiming to have acquired right over the subject

property by way of registered sale deed, Section 5 of the Act 9 of 2020 is applicable. Though petitioner filed representations to the Tahsildar and the

District Collector, these representations were made prior to coming into force of the Act 9 of 2020 and no application is made under the new Act.

5.

In view thereof, Writ Petition is disposed of granting liberty to the petitioner to make an application through Dharani web portal by taking recourse

to provision in Section 5 of the Act 9 of 2020 by uploading all the relevant documents in support of his claim. If such application is filed and received

by the Office of the Tahsildar, the Tahsildar shall process the same, and if the claim of the petitioner for mutation is found to be genuine, he shall grant

mutation and issue pattadar passbook. On the contrary, if the Tahsildar is not in agreement with the request of petitioner for mutation, he shall pass

orders assigning reasons in support of his decision and communicate the same to the petitioner. The entire exercise shall be completed within a period

of eight weeks from the date of receipt application through Online web portal. Pending miscellaneous petitions if any shall stand closed.