Abdulla Bin Rasheed v. State Of Telangana

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.11548 of 2015 ORDER:

The writ petitioners are aggrieved of the action of the 3rd respondent-Tahsildar, Rajenmdranagar Mandal, in not acting upon their application dated 16.03.2015 for mutation of their names in the revenue records and for issuance of pattadar passbooks and title deeds.

2. The petitioners' case is that they purchased the land an extent of Ac.3-00 cents situated in Sy.No.65/4 of Khanapur village, Rajendranagar Mandal, Ranga Reddy District, from one Syeda Azizunnisa Begum, under a Registered Sale Deed bearing No.3467/2015, dated 16.03.2015. Subsequently, though they made an application vide their application dated 16.03.2015, to the 3rd respondent-Tahsildar for mutation of their names in the Revenue Records and for issuance of pattadar passbooks and title deeds with respect to the above said land, till date no action has been taken upon their application by the 3rd respondent.

3. Heard the petitioners' counsel and the learned Government Pleader for Revenue (Telangana), and perused the record.

4. At the hearing, the petitioners' counsel fairly concedes that though the petitioners made an application for issuance of pattadar passbook and title deed and for mutation of their names in the revenue records with respect to the schedule land, the said application is not in the requisite format, which is FormVI (A), as specified under the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the Act').

5. It is appropriate to notice that in terms of Section 4 of the Act, any person acquiring by succession or survivorship or inheritance or by partition or by way of a decree from a Court any right as owner, pattadar, mortgagee, occupant or tenant of a land, shall intimate, in writing, his/her acquisition of such right to the Mandal Revenue Officer within 90 days from the date of such acquisition and then, the Mandal Revenue Officer shall give an acknowledgment of the receipt of such intimation. Thereafter, under Section 5 of the said Act, the Mandal Revenue Officer shall determine as to whether and, if so, in what manner, the

Record of Rights may be amended in consequence of the application made and carry out necessary amendments in the Record of Rights in accordance with such determination. It will also be appropriate to notice that Rules were also framed in 1989 for giving effect to the provisions of the Act; and as per Rule 9, after due completion of enquiry, the recording authority shall pass orders in respect of cases requiring change of registry necessitated by succession, when it is not disputed. Form VI (A) is prescribed as the proper form for intimation of acquisition of rights in terms of Section 4 of the Act, as per subrule (2) of Rule 18 of the Rules.

6. Inasmuch as, the petitioners' application is not in the prescribed format, I deem it appropriate to dispose of the Writ Petition by giving liberty to the petitioners to submit their application in Form-VI(A) of the Act to the recording authority, i.e., the 3rd respondent-Tahsildar. Within three months of such application by the petitioners, the 3rd respondent-Tahsildar, in exercise of his powers under Section 5 of the Act and the Rules made thereunder, shall pass appropriate orders, in accordance with law.

7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ____________________________ CHALLA KODANDA RAM, J Date:21.04.2015.

C.C. in three (03) days.

B/o SSV HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.11548 of 2015 DATE: 21.04.2015 SSV