Smt.Farida Begum v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.2920 of 2019 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue an order or direction or writ more particularly one in the nature of "Writ of Mandamus" declaring the in-action of the Respondents-2 to 4 in not considering the representations Dt: 14.06.2018, 25.06.2018 in issuing the Mutation Proceedings in favour of the Petitioner in respect of land in Sy.No.36/2E of Veerapur(V), Birkur(M), Kamareddy District as illegal, arbitrary and against the law and it violates fundamental Rights of Petitioner U/A. 14, 21 & 300A of Constitution of India and consequently direct the Respondents-2 to 4 to issue mutation proceedings in respect of the above said property and record the name of the Petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.'

Perusal of the record reflects that though the petitioner made an application online seeking mutation and issuance of a pattadar pass book in relation to the subject land, she did not file an application in Form VI(A) under the Telangana Rights in Land and Pattadar Pass Books Act, 1971. As the prescribed procedure would require her to do so, it is not open to the petitioner to complain of inaction on the part of the authorities upon her defective application.

The writ petition is accordingly disposed of permitting the petitioner to make a proper application in the prescribed format in Form VI(A) along with the requisite fee. In the event such an application received, the Tahsildar, Birkur Mandal, Kamareddy District, shall take appropriate action thereon in accordance with the due procedure expeditiously and in any event, not later than four weeks from the date of its receipt.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:28.02.2019 PGS