Dilshad Jah Bahadur v. The State Of Telangana

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.1453 OF 2019 O R D E R:

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 writ or direction more particularly one in the nature of writ of mandamus declaring the inaction of the Respondents in mutating the petitioner name in the concerned revenue records in respect of land in Survey No 253/30 situated at Attapur Village Rajendranagar Mandal Narsareddy Colony Tadban Hyderabad and issuance of Pattadar PassBooks and Title Deeds in accordance with rules as illegal arbitrary unconstitutional and against the Principles of Natural Justice consequently issue a direction to the respondent No 3 to issue Pattadar Pass Books and Title Deeds under the provisions of the Telangana Rights in Land and Pattedar Pass Books Act and to pass such other order or orders as this Hon'ble Court may deem fit just and proper in the circumstances of the case."

Having received instructions, the learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that there is no agricultural land available in Sy.No.253/30 of Attapur Village, Rejendranagar Mandal, Ranga Reddy District, for carrying out mutation in favour of the petitioner or issuance of pattadar passbook in relation thereto. Perusal of the record reflects that the petitioner submitted an application in Form VI-A under the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for brevity 'the Act of 1971'), as long back as on 24.12.2018. Having received such an application, it is not open to the Tahsildar, Rajendranagar Mandal, Ranga Reddy District, to remain inactive upon the same. If the petitioner's request for mutation and issuance of pattadar pass books cannot be accepted, it is for the Tahsildar to pass appropriate reasoned orders rejecting such request. In any event, the Tahsildar cannot keep the application submitted by the petitioner in cold storage.

The Writ Petition is accordingly disposed of directing the Tahsildar, Rajendranagar Mandal, Ranga Reddy District, to take appropriate action upon the petitioner's application dated 24.12.2018 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. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR 18th February, 2019 Kvsn