Hajra Begum, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33228 OF 2017 Dated:05.10.2017 Between:

Hajra Begum, W/o. Late Shri Abdul Gani Khan, aged 60 years, Occ: Cultivation, R/o.H.No.2-78, Mavala Village and Mandal, Adilabad District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33228 OF 2017 ORDER:

Heard.

2.

Petitioners allege that their father, late Abdul Gani Khan, was the owner of agricultural land to an extent of Acs.25.02 guntas in Survey No.139/25 of Kajjarla Village, Talamadugu Mandal, Adilabad District. Petitioners applied for mutation of their names in the revenue records by proportionately dividing the total extent of land claimed to be standing in the name of late Abdul Gani Khan. However, the Tahsildar partially accepted the claim and mutated the names of the petitioners by apportioning in the ratio of Acs.4.08 guntas, Acs.4.07 guntas and Acs.4.07 guntas respectively out of total extent of Acs.12.22 guntas. In other words, the contention of the petitioners is that though the claim is for mutating the entire extent of Acs.25.02 guntas of land, only partial relief was granted by the Tahsildar.

3.

Against the said decision, the petitioners have remedy of appeal under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the Act') to the Revenue Divisional Officer.

4.

In the instant case, the Tahsildar passed order by confining mutation proceedings only to Acs.12.22 guntas of land. Without availing the remedy of appeal under the Act, the petitioners filed this Writ Petition. Therefore, this Court is not inclined to entertain the Writ Petition, since the petitioners have an effective and efficacious remedy of appeal against the decision of the Tahsildar.

5.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies as available under the Act. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:05.10.2017 KH