Katkuri Hanumaiah v. The State Of Telangana,

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.31043 of 2015 ORDER:

Heard.

The petitioner states that the 3rd respondent has sought mutation of her name in the revenue records relating to the land admeasuring Ac.0-08 gts., in Sy.No.1283/C situated at Mallial Revenue Village and Mandal, Karimnagar District and accordingly made an application before the Sub-Collector, Jagtial-2nd respondent.

As the Sub-Collector is not the original authority under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'), the proceedings appear to be pending before the Tahsildar, Mallial. The present writ petition is filed by the petitioners apprehending that their names would be deleted and the name of the 3rd respondent would be mutated in the revenue records without notice to them. I find no material for such apprehension. It is trite that if any such action is required to be taken with regard to correction of entries in the revenue records and if the name of the petitioners exists in the revenue records as on today, the recording authority is required to give notice to the petitioners, hear them and the 3rd respondent shall then pass appropriate orders in accordance with the procedure prescribed under the Act. In the absence of any material, merely on the apprehension, the petitioners appear to have approached this Court by way of present writ petition.

Hence, the writ petition is disposed of directing the recording authority to give notice to the petitioners, if their names are required to be deleted and the 3rd respondent's name is required to be mutated in the revenue records. The petitioners are at liberty to defend their claim in response to such notice and only after considering the same, the recording authority would pass

appropriate orders in accordance with law. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed. _______________________ VILAS V.AFZULPURKAR, J Date: 23-09-2015 Prv

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.31043 of 2015 23-09-2015