Smt.Barkat Banu v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6216 of 2019 ORDER:

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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondents more particularly respondent No.4 in not taking action regarding correction of entry in new Pattadar Pass Book No T12150290169 Khata No.195 in respect of Agricultural land in Sy.No.560 to the extent of Acs.2.20 gts situated at Achampet Village, Nizamsagar Mandal, Kamareddy District, (erstwhile Nizamabad District) having received the representation dated 18.02.2018 taken on file in File No.C.

196/2018 as per Mannual ROR 1B register, old Khata Number 893 as being illegal, arbitrary, capricious, mala fide, contrary to Circular No.1 Ref.No.CMRO/342/217 dated 09.9.2017, amounts to dereliction of duties and is liable to be interdicted under the following circumstances of the case and to pass such other order or orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case." Perusal of the regular pattadar pass book issued to the petitioner under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, demonstrates that her land holdings were shown as an extent of Acs.7.28 guntas (corrected as Ac.5.08 guntas) in Survey No.600 and an extent of Acs.3.00 guntas in Survey No.560 of Achampet Village, Nizamsagar Mandal, presently Kamareddy District.

However, the new pattadar pass book issued to the petitioner as per the Government's policy indicates her land holdings as Acs.2.0525 guntas in Survey No.600/P1/1 and Acs.3.00 guntas in Survey No.560/9/1 of Achampet Village. The petitioner submitted representation dated 01.8.

SK, J WP.No.6216 of 2019 Dt:26.3.2019 seeking rectification. The same seems to have been taken on file by the Tahsildar concerned as Case No.C/196/2018. The grievance of the petitioner presently is that the Tahsildar has not taken any further action upon her representation despite taking it on file.

It is not open to the Tahsildar concerned to remain somnolent when the entries in the new pattadar pass book would be the basis for the petitioner to avail the benefit of the Government's Rythu Bandhu welfare scheme.

The Writ Petition is accordingly disposed of directing the Tahsildar, Nizamsagar Mandal, Kamareddy District, to take appropriate action upon the petitioner's representation dated 01.8.2018 taken on file as Case No.C/196/2018 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. ________________________ JUSTICE SANJAY KUMAR 26th March, 2019 dr