Nomula Narsimha v. State Of Telangana And 3 Others
HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.4322 of 2020 ORDER :
This Writ Petition is filed seeking Mandamus declaring the action of respondent No.4 in not mutating the name of the petitioner in Pattadar column in the Revenue records, as illegal, arbitrary and against the principles of natural justice, and consequently sought a direction to respondent No.4 to issue Digital Pass Book in favour of the petitioner in respect of the land admeasuring Ac.1-36 guntas in Sy.No.586, an extent of Acs.2-08 guntas in Sy.No.587, and an extent of Ac.0-36 guntas in Sy.No.588, thus totalling to Acs.5-00 guntas, situated at Redlarepaka Village, Valigonda Mandal, Yadadri-Bhuvanagiri District, in order to obtain the benefits of 'Rythu Bandhu Scheme".
The case of the petitioner is that he purchased agricultural dry land admeasuring Ac.1-36 guntas in Sy.No.586, an extent of Acs.2-08 guntas in Sy.No.587, and an extent of Ac.0-36 guntas in Sy.No.588, thus totalling to Acs.5-00 guntas, situated at Redlarepaka Village, Valigonda Mandal, Yadadri-Bhuvanagiri District, through an unregistered Sale Deed for a total sale consideration of Rs.27,500/- from one Sri B. Parvathalu, got possession of the said property from his vendor and cultivating the said land. Subsequently, he approached respondent No.4 for recording
his name as Pattadar in respect of the said property in the Revenue records and also made an application dt.07.02.2012 under proper acknowledgement. Pursuant to the said application, though an enquiry was conducted on 06.10.2015 by the Mandal Revenue Inspector, Valigonda, and Village Revenue Officer, and proceedings dt.01.06.2016 were also issued by respondent No.4 for recording the name of the petitioner in possession column in respect of the said land, as no action has been initiated for incorporation of the petitioner's name in respect of the said land in the Revenue records, the petitioner made a petition to respondent No.2 for incorporation of his name in respect of the said land in the Revenue records. As there was no response either from respondent No.2 or from respondent No.4, the petitioner has filed the present writ petition.
Heard learned counsel for the petitioner and the learned Government Pleader for Revenue.
Learned counsel for the petitioner submits that though proceedings were issued for mutating the name of the petitioner in respect of the said land, so far no action has been initiated by the respondents.
On the other hand, the learned Government Pleader for Revenue submits that since proceedings dt.01.06.2016 were issued by respondent No.4 only for mutating the name of the petitioner in possession column, the petitioner cannot be
granted Pattadar Pass Book and Title Deeds in respect of the said land.
It is to be seen that though it is contended that proceedings dt.01.06.2016 were issued by respondent No.4 only to mutate the name of the petitioner in possessor column in respect of the said land, a Notice in File No.SB/NG/BG/VG/2016/146728, dt.18.08.2016 was also issued by respondent No.4 calling for objections and conducting enquiry as contemplated under Section 5-A and Rule (1) of A.P. Records of Rights and Pattadar Pass Books Act, 1971.
In view of the same, this writ petition is disposed of directing respondent No.4 to initiate further action in pursuance of the Notice dt.18.08.2016 for conducting enquiry to transfer the ownership rights and mutating the name of the petitioner in respect of the subject land in the Revenue records and pass appropriate orders in accordance with law. No order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
__________________________ A. RAJASHEKER REDDY, J 05.03.2020.
Msr
HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.4322 of 2020 05.03.2020 (Msr)