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Judgment
This writ petition is filed praying to grant the following relief:
“…to issue an order, direction or writ more appropriately Writ of Mandamus, aggrieved by the action of the respondents herein in not taking action
on the petitioners application dated. 09.04.2021, seeking for Mutation of their names thereby issuing new electronic passbooks in respect of the land
admeasuring about Ac.1.10 guntas falling in Sy.No. 314, of Medchal Village, Medchal Mandal, Medchal-Malkajgiri District, inspite of having
registered Sale Deeds in their names and having old passbooks in respect of the same property is as being illegal, arbitrary and unconstitutional and for
other reliefs and violation of article 21 of constitution of India and consequently direct the Respondent Nos.2 and 3 to take steps on the petitioners
application dated.09.04.2021 and pass...â€
Heard Sri M.A. Mujeeb, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue.
Petitioners claim to have acquired land to an extent of Ac.1.10 guntas in Sy.No.314 of Medchal Village, Medchal-Malkajgiri District, by way of
registered sale deeds. Based on registered sale deeds, petitioners applied for mutation of their names in the revenue records by submitting application
in printed format on 09.04.2021, acknowledged by the office of the Tahsildar. Alleging inaction on such application, this writ petition is filed.
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 into
three categories as incorporated in Sections 5 to 7 of the act. The Section 7 deals with the claim for acquiring right and incorporating names of the
claimants in revenue records based on registered sale transactions.
Thus, the claim of the petitioners is covered by provisions of Section 7. The Act 9 of 2020 requires application to be submitted through Dharani Web
Portal and no application is accepted in physical form. Therefore, it is not known how petitioners made application in physical form and the same was
accepted by the office of Tahsildar. Since, petitioners have not followed the procedure required by law, it cannot be said that the Tahsildar is negligent
in considering the grievance of petitioners. Therefore, the prayer sought in the writ petition cannot be granted.
The Writ Petition is accordingly disposed of, granting liberty to the petitioners to file application through Dharani Web Portal, taking recourse to
Section 7 of Act 9 of 2020. If such an application is filed, the Tahsildar shall consider the request of the petitioners and pass appropriate orders as
warranted by law. If, for any reason, the Tahsildar is not in agreement with the claim of the petitioners, he shall pass orders assigning reasons in
support of the decision and communicate the same to the petitioners within a period of ten (10) weeks from the date of submission of application.
Pending miscellaneous petitions, if any, shall stand closed.