Khaja Bee vs. State Of Telangana

Facts

The petitioner, represented by her GPA holder, filed a writ petition seeking a direction to the respondents (State of Telangana, District Collector, and Tahsildar) to consider her application dated December 28, 2021, for mutation in revenue records. The application, bearing number 2101175258, was made for incorporating the petitioner's name in respect of land bearing Survey No. 120/E/3, admeasuring 1 acre and 04 guntas, situated at Komuravelli Village and Mandal, Siddipet District. The petitioner's husband was the recorded pattadar for this land, and after his death on April 30, 2021, the petitioner and her family succeeded to the property. The petitioner alleged that despite her application being pending for over three months, the respondents had not considered it, deeming their inaction illegal, arbitrary, and contrary to the Telangana Rights in Land and Pattadar Passbooks Act, 2020.

Held

The Court held that the petitioner's application for mutation of land records was pending consideration. Taking into account the facts and circumstances, particularly the pendency of the application, the Court was inclined to dispose of the writ petition. The Court directed the third respondent (Tahsildar, Komuravelli Mandal) to consider the online Dharani Portal Application bearing No. 2101175258, dated December 28, 2021, submitted by the petitioner. This consideration was to be completed within a period of six weeks from the date of receipt of a copy of the order, and the decision was to be communicated to the petitioner. The Court made no order as to costs. Any pending miscellaneous petitions were also closed.

Key Issues

1. Whether the action of the respondents in not considering the petitioner's application for mutation of land records, dated December 28, 2021 (Application No. 2101175258), is illegal, arbitrary, unjust, unconstitutional, and in violation of the principles of natural justice and the Telangana Rights in Land and Pattadar Passbooks Act, 2020? Petitioner's Contention: The petitioner argued that her husband was the absolute owner and possessor of the land, and his name was reflected in the Dharani Portal. Following his death, the petitioner and her family succeeded to the property and are in peaceful possession. Despite submitting an application for a pattadar passbook in her name on December 28, 2021, the respondents had failed to consider it for over three months, which is contrary to the law and principles of natural justice. Respondents' Contention: The respondents, through the learned Government Pleader for Revenue, consented to the disposal of the writ petition at the admission stage.