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High Court for State of TelanganaWP/3957/2018dismissed

Smt Komireddi Jyothi Devi v. The Government Of Telangana,

2018-02-08A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.3957 of 2018 ORDER:

The petitioners state that they are the owners and possessors of lands admeasuring Acs.3.19 guntas in Survey No.1924, Acs.2.04 guntas in Survey No.1933/U, Acs.3.18 guntas in Survey No.1920 situated at Ayelapur Village, Korutla Mandal, Jagtial District, having purchased the same under simple sale deeds dated 25.03.2008, 15.10.1980 and 19.02.2001. They state that they submitted representations on 01.06.2016 and 18.10.2017 seeking mutation of their names in the revenue records and for issuance of pattadar pass books and title deeds. The third respondent issued a memo on 03.01.2018 stating that there are no orders for considering the request on the basis of sada binama and when the Government issues orders, the request of the petitioners would be considered. Challenging the same, the present Writ Petition is filed.

The Government issued G.O.Ms.No.153, Revenue (Assignment-I) Department, dated 03.06.2016, permitting the District Collectors in the State to receive Form X claims up to 15.06.2016 and regularize the same under Rule 22(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, read with Section 5(A) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, as one time settlement duly exempting from payment of stamp duty and

registration fees up to a maximum extent of Acs.5.00 subject to the conditions mentioned therein. The petitioners submitted an application on 01.06.2016 seeking rectification of revenue records, mutation of their names in the revenue records in respect of the lands covered by the sada sale deeds and for issuance of patta certificate and other relevant revenue documents in their favour. There is no proof of filing such an application, except filing a copy before this Court. An identical application was filed on 18.10.2017 beyond the time stipulated by the Government in G.O.Ms.No.153, Revenue (Assignment-I) Department, dated 03.06.2016. In pursuance of the said application dated 18.10.2017, the impugned memo was issued by the Tahsildar on 03.01.2018 stating that there are no orders from the Government to accept such representation.

This Court is also satisfied that the application dated 18.10.2017 is beyond the time stipulated by the Government in the Order dated 03.06.2016. In the absence of any proof of submission of the application on 01.06.2016, this Court cannot entertain the present Writ Petition.

The Writ Petition is, accordingly, dismissed at the admission stage. 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) 08.02.2018 vs