Nalivela Eshwaraiah v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1333 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 appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in taking steps to incorporate the names of the petitioners in the revenue records in respect of the land in Sy.No.1094/A corresponding to new Sy.No.711/A admeasuring Ac.2.23 gts situated at Khila Warangal, Warangal Mandal, Warangal District, and to take criminal action against the wrong doers for creation of the documents in spite of the written representation dt:19.12.2018 as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to incorporate the names of the petitioners and issue the pattadar pass books and title deeds and take action against the wrong doers in accordance with law, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

Perusal of the representation dated 19.12.2018 made by the petitioners to the District Collector, Warangal (Urban) Subedari Hanamkonda, Warangal District, demonstrates that the alleged predecessor-in-title of the petitioners viz., Nalivela Kattaiah, died on15.09.1974. The representation also demonstrates that the names of several persons find mention in the revenue records as against the lands now claimed by the petitioners. If that be so, a representation is not the proper remedy for the petitioners, if they want the existing names to be deleted and their names be entered.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to invoke such appropriate remedy as may be available to them before the proper forum in accordance with law. Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 25th January, 2019 Kvsn