Chinkindi Bikshapathy vs. The State Of Telangana And 3 Others

Facts

The petitioner filed a writ petition seeking a direction to the respondents (revenue authorities) to issue a pattadar passbook for land measuring 0.16 guntas at survey No. 160/aa and 0.08 guntas at survey No. 503 in Dundigal Village, Medchal-Malkajgiri district. The petitioner's grievance was the inaction of the respondents in processing her representation dated June 30, 2021, for the issuance of Digital Pass Books of Pattadars and Title Deeds. The petitioner sought a writ of mandamus declaring this inaction as illegal, arbitrary, and contrary to law.

Held

The High Court, without going into the merits of the case, disposed of the writ petition. The Court directed the petitioner to make a fresh application to the respondent No. 2 (presumably the concerned revenue authority) for the issuance of Digital Pass Books of Pattadars and Title Deeds through the online Dharani Portal within two weeks from the receipt of the order. Upon such application being filed, respondent No. 2 was directed to pass necessary orders thereon strictly in accordance with law, as expeditiously as possible, preferably within eight weeks thereafter. The Court also mandated that all interested persons be put on notice and their objections considered before passing the orders. The issue of whether the initial inaction was illegal or arbitrary was not decided, as the Court opted for a procedural direction to resolve the matter.

Key Issues

1. Whether the inaction of the revenue authorities in processing the petitioner's representation for the issuance of a pattadar passbook is illegal, arbitrary, and contrary to law, thus warranting a writ of mandamus? The petitioner argued that the respondents' failure to act on her representation for over six months constituted inaction and a violation of her rights. The petitioner relied on the principles of natural justice and the expectation of timely disposal of applications by government authorities. The revenue authorities, through the Government Pleader, stated that if the petitioner makes a fresh application through the online Dharani Portal, the same would be considered and necessary orders would be passed in accordance with the law.