T. Srinivas Reddy v. The State Of Telangana

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.5468 OF 2019 O R D E R:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents more particularly the 4th respondent in not mutating and issuance of pattadar pass book and title deed in petitioner favour in respect of agriculture land in Sy No 798 admeasuring Ac 1 25 gts situated at Kanakunta village Gummadidala Mandal Sangareddy District as illegal arbitrary and contrary to the provisions of A P Rights in Land and Pattadar Pass Book Act 1971 and consequently direct the respondents more particularly the 4th respondent to mutate and issue pattadar pass book and title deed in in petitioner favour in respect of agriculture land in Sy No 798 admeasuring Ac 1 25 gts situated at Kanakunta village Gummadidala Mandal Sangareddy District and pass such other relief or reliefs as this Honble Court deems fit and proper in the circumstances of the case."

Sri N.Manohar, learned counsel representing Sri P.Srihari Nath, learned counsel for the petitioner, placed before this Court copies of the regular pattadar pass book and title deed issued to the petitioner under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, in relation to the land admeasuring Ac.1-25 guntas in Sy.No.798 of Kanakunta Village, Gummadidala Mandal, Sangareddy District. The grievance of the petitioner presently is that the Tahsildar concerned is not issuing him the new pattadar pass book in relation to this land which would entitle him to avail the benefit of the Government's welfare scheme. That apart, he would also assert that the Tahsildar is not showing his name in the pahanis and third parties are seeking to take advantage thereof and assert rights in the land claimed by him.

The petitioner seems to have made an application on 28.5.2018 to the Tahsildar, Gummadidala Mandal, Sangareddy District, seeking issuance of a new pattadar pass book and for rectification of the entries in the revenue records and pahanis. The stamp on the said application bears out that it was received by the office of the Tahsildar, Gummadidala Mandal, on 29.5.2018.

Having received such an application, it is not open to the Tahsildar to remain somnolent. All the more so, when the regular pattadar pass book and title deed have already been issued to the petitioner and they remain in operation as on date.

The Writ Petition is accordingly disposed of directing the Tahsildar, Gummadidala Mandal, Sangareddy District, to take appropriate action upon the petitioner's application dated 28.05.2018 in accordance with the due procedure expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order, be it from whatever source. Pending Miscellaneous Petitions, if any, shall stand closed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date: March 18, 2019.

Copy by 20.03.2019 B/o Kvsn