Smt.Kothwala Aruna v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2941 of 2018 ORDER:

It is the case of the petitioner that her deceased father Sri Kothwala Veerabadra Rao was a Deshmukh of Nallabelly Village and Mandal, Warangal Rural District. They possessed vast properties in and around Nallabelly Village and surrounding Villages. The petitioner's father died in the year 1972 leaving behind the petitioner and her mother as successors. Her mother also passed away in the year 1987 and she is the lone person entitled to the estate left behind by her parents. She is having one daughter and one son. They are having Acs.226.00 of land in Survey Nos.96, 97/A and 98/A/1 of Nallabelli Village, Sangem Mandal, Warangal Rural District. She submitted applications to the respondents for issuance of pattadar pass books and title deeds and the same were not issued till date.

When third parties tried to interfere with her possession, she filed O.S.No.351 of 2011 on the file of the learned II Additional Junior Civil Judge, Warangal District, in respect of Acs.20.00 of land and the same is pending adjudication. In respect of forged documents, she lodged a complaint and the same was registered as Crime No.34 of 2013 on 12.04.2013 by the Sangem Police Station, Warangal Urban District. In the said crime, the Sangem Village Revenue Officer was shown as accused No.12, Village Revenue Assistant as accused No.13, Deputy Tahsildar, Sangem, as accused No.9, Tahsildar, Sangem Mandal as accused No.10 and Revenue Inspector, Sangem, as accused No.11. In respect of the said crime, C.C.No.700 of 2016 is pending before the learned III Additional Judicial First Class Magistrate, Warangal.

trying to interfere with the possession of the land and she submitted representations to the respondents not to issue pattadar pass books to anyone in respect of the said property. When the said representations were not considered, she filed the present Writ Petition.

This Court perused the copy of the pahani for the Fasli 1427 issued on 31.10.2017 and it reflected the name of the petitioner. Other revenue records also reflected her name. Thus, as on today the petitioner's name is reflected as pattadar in respect of the properties claimed by her. Since there is no provision for consideration of the representations for the relief sought for by her in the said representations, this Court cannot issue any direction to the respondents to consider the said representations. The Writ Petition is misconceived, and the same is, accordingly, dismissed. However, this will not prevent the petitioner from taking appropriate proceedings in accordance with law against the encroachers or any other person. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 01.02.2018 vs