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High Court for State of TelanganaWP/2247/2019disposed of no costs

Nalla Srinivas Reddy v. State Of Telangana

2019-02-11Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2247 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, the petitioners herein prays that this Honourable Court may be pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents to issue pattadar pass book by duly incorporating the land admeasuring Acs.2-26 guntas in Sy.No.151/A/1 situated in Chanupalli Revenue Village of Ananthagiri Mandal, Suryapet District, in favour of petitioner, as per Memo No.B/5493/2011 dated 28.05.2014 and Proceedings of 3rd respondent in B/1511/2018 dated 27.09.2018 and pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case.'

Perusal of the record reflects that the name of the father of the petitioner was entered in the revenue records only as the pattadar and civil litigation in O.P.No.306 of 2003 and O.S.No.168 of 2009 before the competent civil Court was pending as regards the 'possessor' thereof. The Tahsildar, Nadigudem (now Ananthagiri Mandal), addressed Memo dated 28.05.2014 informing the petitioner that a decision would be taken as regards an entry in the 'possessor' column only after final judgment was rendered by the competent civil Court in the pending cases and that the request of the petitioner to enter his name in the revenue records in relation to the land admeasuring Acs.2.26 guntas in Survey No.151/A/1 of Chanupalli Village could not be considered immediately. Sri P.Ravi Shanker, learned counsel for the petitioner, would inform this Court that the civil litigation has already concluded and went in favour of the petitioner. He would further state that a representation in this regard was also made to the Tahsildar on 07.08.2018.

Perusal of the said representation demonstrates that the office of the Tahsildar affixed a stamp thereon in evidence of its receipt. In that view of the matter, it is not open to the Tahsildar, Ananthagiri Mandal, to remain inactive upon the petitioner's application after completion of the civil litigation.

The writ petition is accordingly disposed of directing the Tahsildar, Ananthagiri Mandal, Suryapet District, to take appropriate action as deemed fit upon the petitioner's application dated 07.08.2018 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 in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:11.02.2019 GJ