Mohammed Abdul Shabbir v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6259 of 2019 ORDER:

The prayer of the petitioner in this case is to direct the Tahsildar, Gandipet Mandal, Ranga Reddy District, to take appropriate action on his representations dated 25.09.2017 and 25.02.2019. By the said representations, the petitioner asserted rights as the legal heir of Raja Uday Singh who was sold land admeasuring Acs.23.19 guntas of Alijahpur Village, Rajendranagar Mandal, Ranga Reddy District, by the absolute owner thereof, late I.Venkat Rao.

The stamp on the representations dated 25.09.2017 and 25.02.2019 submitted by the petitioner bears out that they were received by the office of the Tahsildar concerned on the very same day on which they were made.

It may however be noticed that as per Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act of 1971'), any person acquiring any right as owner or pattadar of a land, be it by succession, survivorship, inheritance, partition, Government patta or a decree of a Court, is required to intimate in writing to the Tahsildar concerned his acquisition of such right within thirty days from the date of acquisition. Rule 18(2) of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989, postulates that the intimation of acquisition of rights under Section 4 of the Act of 1971 shall be in Form VI-A. It is an admitted fact that the petitioner did not follow the aforestated procedure and merely made written representations to the Tahsildar concerned seeking mutation in the revenue records.

Without following the prescribed procedure, it is not open to the petitioner to complain of inaction on the part of the Tahsildar, Gandipet Mandal, Ranga Reddy District.

The writ petition is accordingly disposed of permitting the petitioner to make an application in the prescribed format in Form VI(A) along with the requisite fee to the Tahsildar, Gandipet Mandal, Ranga Reddy District. In the event such an application is received, the Tahsildar shall consider the same on its own merits and take appropriate action thereon in accordance with law expeditiously and in any event, not later than four weeks from the date of its receipt.

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:26.03.2019 GJ