Parepally Lakshmamma v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2970 of 2019 ORDER:

The prayer of the petitioners in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not issuing the Pattadar Pass books to the petitioners for the Agriculture land for an extent Acs.4-29 guntas in Sy.No.504/A, Acs.8-06 guntas in Sy.No,657, Acs.7-21 guntas in Sy.No.658, Acs.5.37 guntas in Sy.No.659, Acs.4-32 guntas in Sy.No.660/A, Acs.7. 00 guntas in Sy.No.661, Ac.1.10 guntas in Sy.No.662/A, Ac.0. 09 guntas in Sy.No.663/A, Ac.0.28 guntas Sy.No.666/A, Ac.0. 33 guntas in Sy.No.665, Ac.1.15 guntas in Sy.No.669/A and Ac.0.29 guntas Sy.No.670/A, totalling to an extent of Acres.43.

29 guntas situated in Arutla Village, Manchal Mandal Ranga Reddy District as illegal, arbitrary, unconstitutional and contrary to provisions of the Telangana Rights in Land and Pattadar Pass Books Act 1971 and consequently direct the 4th respondent to issue Pattadar Pass books to the petitioners for the aforementioned lands and to pass such other order or orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case."

The petitioners are the legal heirs of late Parepally Rangaiah. It is their claim that the name of Parepally Sathayya, the father of late Parepally Rangaiah, was entered in the revenue records in relation to various extents of land in different survey numbers of Arutla Village, Manchal Mandal, Ranga Reddy District. Upon the death of Parepally Rangaiah, petitioner No.1 submitted an application dated 16.7.2018 to the Tahsildar, Manchal Mandal, Ranga Reddy District, to mutate her name along with the names of her children in the revenue records in relation to the subject lands and to issue pattadar passbooks and title deeds. Complaining of inaction on the part of the Tahsildar, Manchal Mandal, Ranga Reddy District, the present Writ Petition is filed. It is however to be noted that in terms of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for brevity, 'the

SK, J WP.No.2970 of 2019 Dt:15.02.2019 Act of 1971'), the petitioners would have to submit an application in Form VI(A) for mutation and issuance of pattadar passbooks and title deeds based on their claim of inheritance. Without following the due procedure prescribed under the Act of 1971, it is not open to the petitioners to come before this Court and complain of inaction on the part of the revenue authorities.

The Writ Petition is accordingly disposed of permitting the petitioners to make an application in Form VI(A) as per the Act of 1971 along with the requisite fee seeking mutation and issuance of pattadar passbooks and title deeds. In the event such an application is made, the Tahsildar, Manchal Mandal, Ranga Reddy District, shall take appropriate action expeditiously and in any event, not later than four weeks from the date of receipt of such application. Pending Miscellaneous Petitions, if any, shall stand disposed of in the light of this final order. No order as to costs. ________________________ JUSTICE SANJAY KUMAR 15th February, 2019 dr