Ganji Ramaiah v. State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2144 of 2019 ORDER:

The petitioners seek consideration of their representation dated 16.08.2018 made to the Tahsildar, Khammam Rural Mandal, Khammam. They seek a further direction to the Tahsidlar to issue them pattadar passbooks in respect of the land admeasuring Ac.13-19 guntas in Sy.No.159 and AC.12-17 guntas in Sy.No.161/1/1/A of Gudimalla Revenue Village, Khammam Rural Mandal, Khammam.

Perusal of the representation dated 16.08.2018 reflects that the petitioners claim to have made the same under Rule 15 of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989. However, Rule 15 provides for an application being made for rectification of an entry in the record of rights under sub-section 3 of Section 3 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for brevity 'the Act of 1971'). Section 3(3) of the Act of 1971 provides that any person affected by an entry in the record of rights may, within a period of one year from the date of notification under Section 3 (2), apply for rectification of the entry. It is not the case of the petitioners that they made an application for rectification within one year as stipulated in the provision.

Therefore, their representation, per se, cannot be treated as one under Rule 15. That apart, it is an admitted fact that the names of third parties find mention in the revenue records and the petitioners seek deletion thereof. It is significant to note that none of the third parties have been made party respondents in this Writ Petition. Thus, on counts more than one, this Writ Petition is not maintainable.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies before the appropriate forum in accordance with law.

Miscellaneous Petitions pending in this Writ Petition shall stand dismissed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 5th February, 2019 Kvsn