Gutam Mybaiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.5721 of 2019 ORDER:

The prayer of the petitioners in this case reads as under: 'For all the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not issuing New Pattadar Pass Books to the petitioners in connection with their agriculture lands extent Ac.2.20 gts each (Total Ac.5.00 gts) in Sy.No.189 of Thakkallapally Village, Chintapally Mandal, Nalgonda District is bad, arbitrary and illegal and consequently direct the respondents to issue New Pattadar Pass Books in concerned with above said lands and pass such other order or orders which this Court deems fit and proper.'

Perusal of the record reflects that late Gutam Ramaiah, the father of the petitioners, was already issued a regular pattadar pass book and title deed under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971. After his demise, the petitioners seem to have made an application to the Tahsildar, Chintapally Mandal, Nalgonda District, on 28.09.2018 in the prescribed format seeking mutation of their names in the revenue records and issuance of new pattadar pass books. Thereupon, the Tahsildar, Chintapally Mandal, Nalgonda District, issued Memo dated 28.09.2018 accepting their request and directing issuance of new pattadar pass books in their favour. The grievance of the petitioners presently is that no steps have been taken thereafter. It is not open to the Tahsildar, Chintapally Mandal, Nalgonda District, to remain somnolent in the matter having issued the Memo dated 28.09.2018. Further, it is not the case of the revenue authorities that the

pattadar pass book and title deed issued in the name of the deceased father of the petitioners have been cancelled or set aside. That being so, the writ petition is disposed of directing the Tahsildar, Chintapally Mandal, Nalgonda District, to act upon his Memo dated 28.09.2019, if it has not been set aside by a higher authority as on date, 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 in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:20.03.2019 GJ