Mukunda Seethaiah v. The State Of Telangana

THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.2672 OF 2019

O R D E R

The petitioner is aggrieved by the alleged failure on the part of the Revenue Divisional Officer, Huzurabad, Karimnagar District, in disposing of the appeal filed by him under Section 5-A of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for brevity, 'the Act of 1971'). The said appeal was filed as long back as on 27.11.2017. The petitioner titled the same as a revision petition filed under Section 5-A of the Act of 1971 and sought a direction to the Tahsildar, Jammikunta Mandal, Karimnagar District, to rectify the entries made in the revenue records in relation to the land admeasuring Ac.1.09 guntas in Survey Nos.640/a and 641/a of Medipally Village, Jammikunta Mandal, Karimnagar District. Significantly, Section 5-A of the Act of 1971 deals with regularisation of certain alienations or other transfers of lands.

It does not deal with rectification of entries in the revenue records simpliciter. Perusal of the so-called revision petition filed by the petitioner under Section 5-A of the Act of 1971 reflects that he did not seek regularisation of any alienation or transfer. On the other hand, it is his claim that he acquired the subject land upon the division effected by his father, the absolute owner and pattadar, amongst his sons. It is therefore clear that the petition filed before the Revenue Divisional Officer at Huzurabad, Karimnagar District, be it styled as a revision petition or as an appeal, has no relation to Section 5-A of the Act of 1971. Having filed an utterly misconceived petition, it is not open to the petitioner to complain of inaction on the part of the revenue authorities thereon.

The writ petition is accordingly dismissed leaving it open to the petitioner to take recourse to the appropriate remedy as per the Act of 1971 in relation to his grievance before the competent forum in accordance with the due procedure. Pending miscellaneous petitions shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR, J 12th FEBRUARY, 2019 Svv