S. Shanker v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.470 OF 2019 O R D E R:

The prayer of the petitioners in this case reads as under: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondent No.3 in not issuing orders for implementation of their names in respect of the land admeasuring Ac.4.00 gs, Ac.4.00 gtss, Ac.4.00 Gts., and Ac.3.33 Gts, situated in Rampur village, Dharur Mandal, Vikarabad District, in the revenue records as per 38-E Certificate in spite of the report of the 4th respondent bearing Lr.No.B/1610/2018 dt.28.9.2018 as being illegal, arbitrary and unjust and consequently direct the respondent authorities to implement the names of the petitioners in the revenue records in respect of the above mentioned lands, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

By letter dated 28.09.2018, the Tahsildar, Dharur Mandal, noted that as per the revenue records (Pahani for the year 20162017), the land admeasuring Ac.15.33 guntas in Sy.No.27 of Rampur village, Dharur Mandal, stood in the names of various individuals, including the petitioners herein. The petitioners had sought mutation in the revenue records in relation to the extents covered by their Section 38-E certificates and the Tahsildar, Dharur Mandal, sought necessary instructions in the matter from the Revenue Divisional Officer, Vikarabad Division, in that regard. Having received this missive from the subordinate authority, it is not open to the Revenue Divisional Officer, Vikarabad Division, Vikarabad, to sleep over the matter indefinitely. The valuable rights of the petitioners would be adversely affected by such continued inaction.

The Writ Petition is accordingly disposed of directing the Revenue Divisional Officer, Vikarabad Division, Vikarabad, to

consider the letter dated 28.09.2018 addressed to him by the Tahsildar, Dharur Mandal, and issue necessary instructions to him with regard to the mutation sought by the petitioners, whereupon the Tahsildar, Dharur Mandal, Vikarabad District, shall take appropriate action in the matter. The entire exercise shall be completed expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order. Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. __________________________ JUSTICE SANJAY KUMAR 21st January, 2019 Kvsn