Smt. Azmathunissa And 4 Others v. The State Of Telangana And 9 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.267 OF 2020 DATED : 08.01.2020 Between :

Smt. Azamathunissa, W/o. Late Syed Kareemuddin, Aged about 94 years, Occ: Agriculture, R/o.H.No.11-1-21, Allur Village, 8 Incline Colony, Near Govt. School, Gv 8 Incline, Ramagundam Mandal, Peddapalli (Erstwhile Karimnagar) District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others .. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.267 OF 2020 ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for Revenue for respondents 1 to 4. 2.

Petitioner No.5 alleges that her husband, namely, Sri Syed Tajuddin @ Quddus and his brothers, namely, Sri Kareemuddin, Sri Syed Rahimoddin, Sri Alimuddin and Syed Mohinoddin are the absolute owners of various extents of land mentioned in the para No.1 of the affidavit filed in support of writ petition in different survey numbers situated at Allur Village, Ramagudam Mandal, Peddapalli (Erstwhile Karimnagar) District, and are in peaceful possession and enjoyment of the same. Husband of petitioner No.5 and his brothers died leaving behind the petitioners as legal heirs and successors of the subject properties. Subsequently, the petitioners partitioned the said properties.

Thereafter, the petitioners made representations/applications independently seeking mutation of their names in the revenue records in Form VI-A before the Tahsildar, Ramagundam Mandal. Alleging inaction on the said applications, petitioners filed this Writ Petition. 3.

Copies of the applications dated 28.12.2019 made by the petitioners are filed as Exs.P1 to P5 from Page Nos.16 to 24.

4.

However, as per the procedure evolved by the respondentGovernment, a person seeking mutation of his/her name in the revenue records has to make application in Form VI-A through

- 3 - online web portal and only such applications are processed in accordance with the provisions of the Telangana State Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made there under, whereas, no such applications were made by petitioners. Therefore, it cannot be said that the Tahsildar -4th respondent is negligent in acting upon the request of petitioners. 5.

Having regard to the same, the Writ Petition is disposed of granting liberty to the petitioners to make applications in prescribed form for mutation of their names in the revenue records. As and when such applications are made, the 4th respondent shall consider the same and take appropriate decision, as warranted by law, and communicate the same to the petitioners, within six (6) weeks from the date of submission of such applications. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 8th January, 2020 Rds