Kulsoom Begum v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1465 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 therefore prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus declaring the action of the 3rd respondent in considering the representation dated 21.12.2017 made by the petitioner in respect of the Agricultural Lands in Sy.Nos.40 adm. Ac.0-14 gts, SyNos.55 Adm. Ac.0-26 gts, SyNo.56 adm. Ac.1-07 gts, and Sy.Nos.728 adm. Ac.0-20 gts, total admeasuring Ac.5-29 gts of Otla Village, Jinnaram Mandal, Medak (Sanga Reddy) Distric, Telangana State, as high handed, arbitrary, illegal and against the principles of natural justice and consequently direct the 4th respondent to conduct discreet enquiry into the matter, verify the records and take necessary action as per rules in force pursuant to the Dis.No.A3/5834/2017, dated 21-12-2017 and submit compliance to the 3rd respondent in respect of the Agricultural Lands in Survey Nos.40 adm. Ac.0-14 gts, Survey nos.55 adm.

Ac.0-26 gts, Survey Nos.56 adm. Ac.0-31 gts, Survey nos.116 adm. Ac.2-11 gts, Survey Nos.536 adm. Ac.1-07 gts, and Survey Nos.728 adm. Ac.020 gts, total admeasuring Ac.5-29 gts of Otla Village, Jinnaram Mandal, Medak (Sanga Reddy) District, Telangana State, till pending disposal of the above main Writ Petition, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the above in the interests of justice."

Though the petitioner projects the grievance that fraudulent entries have been made in the revenue records in relation to the subject land, it is pertinent to note that the representation dated 21.12.2017 made by the petitioner does not make any mention of such fraudulent entries. On the other hand, by way of the said representation, the petitioner merely sought issuance of pattadar passbooks. However, the petitioner has to make an application in the format prescribed under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, if she wants pattadar

passbooks to be issued to her in relation to any agricultural land. It would not be sufficient for her to merely address a letter to the higher revenue authorities in this regard, without making an application in the prescribed format to the competent authority, viz., the Tahsildar, Zinnaram Mandal, Medak (Sanga Reddy) District. Without adhering to the due procedure, it is not open to the petitioner to complain of inaction on the part of the authorities on her representation dated 21.12.2017. The Writ Petition is therefore misconceived and is accordingly dismissed. This order shall however not preclude the petitioner from making an application to the revenue authority concerned in the prescribed format, if she seeks issuance of pattadar passbooks and title deeds in relation to the subject land.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 29th January, 2019 Kvsn