Chippi Shetty Mallesh v. The State Oftelangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.144 of 2018 ORDER:

The grievance of the petitioner is that the revenue authorities are not taking any action upon his representation dated 28.02.2017 for correction of the entries in the revenue records in relation to the land admeasuring Ac.1.05 guntas in Survey No.173 of Maheswaram Village, Maheswaram Mandal, Ranga Reddy District.

Perusal of the representation dated 28.02.2017, which was received by the Tahsildar, Maheswaram Mandal, on the very same day, demonstrates that the claim of the petitioner thereunder was that the brothers of his paternal grandfather sold away the extent of Acs.3.04 guntas in the subject survey number though his paternal grandfather and his father were entitled to an extent of Ac.1.05 guntas therein. He further stated the names of the alienees, A.Yadaiah and Sankaramma, were incorporated in the revenue records. According to him, the sale deed executed by the brothers of his paternal grandfather was not binding on him or his father and that they were entitled to their share of Ac.1.05 guntas of land in the land sold. It is on this basis that he asked for correction of the entries in the revenue records.

Needless to state, the revenue authorities have limited scope of examining issues of title under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971. It is not for them to consider as to whether the alienation made by the brothers of the petitioner's paternal grandfather was valid in law. The remedy of the petitioner, if he is aggrieved by such an alienation effected long ago, lies elsewhere.

28.02.2017 does not cast any duty upon the Tahsildar, Maheswaram Mandal, to act upon it.

The writ petition is therefore dismissed leaving it open to the petitioner to invoke appropriate remedies available to him in law as per the due procedure before the proper Forum, if he so chooses. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR Date:29.01.2019 GJ/PGS