Vallamkonda Srinivasulu, v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original J urisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 3117 OF 2021 Between:
Vallamkonda Srinivasulu,, S/o Late Shankaraiah, Aged about 59 years, Occ. Business, Fl/o H.No. 2-2-49, Old Beet Bazar, Near Police Station, Jangaon, Jangaon District ...PETITT.NER AND '1 . The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad
2. The District Collector, Warangal Urban, Warangal 3, The Tahsildar, Fort Warangal lr4andal, Warangal Urban District ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or orders or direction or writ more particularly one in the nature of wRlT oF IVANDAMUS, declaring the action of the 3rd Respondent not disposing of the application dt. 11.03.2017 for mutation and issuance of Pattadar Pass Book and Title Deed as illegal, arbitrary, malafide and abdication of duties and consequently direct the 3rd Respondent to pass appropriate orders considering the representation dl. 11.03.2017 in the interests of .iustice.
lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 3rd Respondent to dispose of the application dt. 1 110312017 , pending disposal of the writ petition.
Counsel for the Petitioner: SRI K. V. BHANU PRASAD Counsel forthe Respondents: AGP FOR REVENUE The Court at the stale of admission made the following: ORDER
i HONOURABLE SRI JUSTICE P,NAVEEN RAO WRIT PETITION No.3117 of2O2L ORDER:
Heard learned counsel for petitioner and learned Assistant Government Pleader for Revenue.
2.
Petitioner claims that he purchased Ac.4-O9 guntas in survey No.768/E of Fort Warangal, Warangal District by way of registered sale deed dated 1 | ,06.2012. Based on the land purchase made by the petitioner, on 11.03.2017 petitioner made application in Form VI-A under the Telangana Rights in Land and Pattadar passbooks Act, \971 requesting to mutate his name in the revenue records. Petitioner submitted this application through T.S.online and T.S.online issued receipt dated ll.O3.2Ol7 acknowledging making such application. The Form VI-A application and acknowledgment given by T.S. online are fiIed from Page Nos 8 to 10 of writ petition paper book. Alleging inaction on the application for mutation, this writ petition is filed. 3.
According to learned Assistant Government Pleader, survey No.768 consists of iarger extent of land including ceiling surplus land. After excluding surplus land, original pattadar Sri Komuraiah sold the remaining land long back before the execution of the sale deed in favour of petitioner and no land was left in the possession of original pattadar by the time of sale transaction made with the petitioner.
4.
What is contended by learned Assistant Government Pleader may be true. But the fact remains that mutation application was submitted on 11.03.2O17 and said application is not disposed of. Instructions given to learned Assistant Government Pleader could :
have been made part of decision of Tashidlar and communicated to
the petitioner to enable him to work out his remedies as available in law.
5.
However, in supersession of the Telangana Rights in Land and Pattadar Passbooks Act, \97I, the Act 9 of 2O2O promulgated by the State Government. The Act simplified the procedure for mutation and also prescribed different procedure to request for mutation. However, the Act has not provided for consideration of pending applications for mutation, as in this case' There. were several other issues which are not incorporated under the Act' Therefore, in order to redress the grievance of persons similarly situated to the petitioner on various issues arising out of mutation claims, the Chief Commissioner of Land Administration issued circular dated 15.01 .2O2 1 directing the District Collector to look into the grievance and to dispose of grievance. Paragraph No'B deals with pending mutation applications.
6.
In view of the detailed instructions issued in paragraph No'B of the said circular, the District Collector-second respondent herein is directed to call for the record from the Tahsildar on the mutation application submitted by the petitioner on 1l 'O3 '2017 and examine the claim and furnish suitable reply to the petitioner by assigning reasons in support of the decision. The said decision shall be taken and communicated to the petitioner within a period of six weeks from the date of receipt of a copy of this order'
7. Accordingly, writ petition is disposed of. Pending miscellaneous etitions, if any, shall stand closed. No order as to costs. p I SDAK.SAILESHI ASSISTANT REGI9TRAR ,/ :\,/ ,TRUE COPY// SECTION OFFICER
1. The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad
2. The District Collector, Warangal Urban, Warangal
3. The Tahsildar, Fort Warangal [,4andal, Warangal Urban District
4. One CC to Sri K. V. Bhanu Prasad Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]
6. Two CD Copies ltl gbr ,rX-/ To,
HIGH COURT DATED:1710212021 TA s $g ( q c M[q 2021 0 2 .J
ORDER
WP.No.3117 ol 202'l * DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS