Smt Chand Sultana v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3070 of 2019 ORDER:

The prayer of the petitioner 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 Respondents in not issuing New Pattadar Pass Books as illegal, arbitrary, opposed to the principles of natural justice and in gross violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents herein to issue New Rythu Pass Books and Pattadar Pass Books forthwith to the Petitioner herein 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 petitioner claims rights over the subject land as the widow of late Mohd. Mazharullah. She submitted an application to the revenue authorities bringing it to their notice that she inherited the subject land and sought mutation apart from issuance of pattadar passbooks.

However, perusal of the record reflects that the petitioner did not make an application in Form VI(A) under the Telangana Rights in Land and Pattadar Pass Books Act, 1971, as required. Having failed to abide by the due procedure, it is not open to the petitioner to complain of inaction on the part of the revenue authorities. The Writ Petition is accordingly disposed of permitting the petitioner to make an application in the prescribed format along with the requisite fee for mutation and issuance of pattadar passbooks. In the event such an application is made, the Tahsildar, Rajapeta Mandal, Yadadri-Bhongir District, shall take appropriate action thereon expeditiously and in any event, not later than four weeks from the date of receipt of such application.

SK, J WP.No.3070 of 2019 Dt:15.02.2019 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