Bandaru Anjamma v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1074 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby 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 the respondents in not incorporating the lands in Sy.No.112/U1 admeasuring Ac.0.27 guntas and 109/U admeasuring Ac.0.14 guntas situated at Salkarpet Village, Bijinepalli Mandal, Nagarkurnool District, in the online e-pass book in spite of repeated requests and demands and representations from the petitioners as illegal, arbitrary, unlawful and contrary to law and infringing the fundamental rights and consequently direct the respondents to incorporate in the e-pass book and include the lands in Sy.No.112/U1 and 109/U and to pass such other order or orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case."

Perusal of the record reflects that the name of the petitioner was entered in the revenue records as 'Bandaru Anjanamma' in relation to the subject lands. (Be it noted that the name of the petitioner is wrongly shown as 'Bandaru Anjamma' in the cause title in this Writ Petition.) Form I-B dated 25.02.2014 and the pattadar pass book issued to the petitioner stand testimony to the fact that her name was duly entered in the revenue records and she was recognised by the revenue authorities as the owner of the subject lands. Learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that the latest revenue records would indicate that names of some third parties have been entered in relation to some of the lands over which the petitioner claims title and ownership but he is unable to explain how this came to be.

SK, J WP.No.1074 of 2019 Dt:20.02.2019 In any event, when the petitioner has made an application seeking issuance of e-pattadar pass books on the strength of the pattadar pass books already issued to her under the Telangana Rights in Land and Pattadar Passbooks Act, 1971, and such an application was received by the Tahsildar concerned long ago, it is not open to him to remain inactive in relation thereto. In the event the petitioner's request for issuance of e-pattadar pass books cannot be considered on any ground, it is for the Tahsildar to pass an appropriate reasoned order in that regard.

The Writ Petition is accordingly disposed of directing the Tahsildar, Bijinepalli Mandal, Nagarkurnool District, to consider the petitioner's application for issuance of e-pattadar pass books in relation to the subject lands in the light of the revenue records produced by her and take appropriate action thereon 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 order. No order as to costs. ________________________ JUSTICE SANJAY KUMAR 20th February, 2019 dr