Oruganti Jeethaiah v. State Of Telangana,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6300 of 2019 ORDER:

The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of 2nd Respondent in not effecting changes in ROR Register of Khanamet Village, Serilingampally Mandal, Ranga Reddy District by mutating the names of petitioners in the pahanies in respect of land admeasuring Ac.1.00 each in Sy.No.41/7 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District pursuant to the proceedings dt 19.11.2010 in R.C.No.B/230/2010 on the file of the 2nd Respondent and the panchanama drawn on 22.8.

2016 as illegal, arbitrary, without jurisdiction and contrary to the provisions of R O R Act by consequently directing the 2nd Respondent to forthwith effect changes in the ROR Register of Khanamet Village by making suitable amendments and incorporating the names of petitioners to the extent of Ac.1.00 each in Sy.No.41/7 of Khanamet Village, Serilingampally Mandal, Ranga Reddy District Award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case.'

The petitioners claim rights over the subject land by way of succession. It is their case that the property in question was originally assigned to their paternal uncle but as he died issueless and their father also expired, they inherited the said assigned land. Perusal of the record reflects that the Tahsildar, Serilingampally Mandal, Ranga Reddy District, had occasion to consider the petitioners' request in this regard in R.C.No.B/230/2010 and by order dated 19.11.2010 passed therein, the Tahsildar held that the petitioners' rights by way of succession under Section 4 of the Telangana Rights in Land and

Pattadar Pass Books Act, 1971, were recognized and he ordered changes to be made in the revenue records by incorporating the names of the petitioners against the extent of Acs.2.00 guntas in Survey No.41/7 of Khanamet Village.

It appears that the Hyderabad Metropolitan Development Authority also issued No Objection Certificate dated 27.08.2016 certifying that it has no interest in land admeasuring Acs.1.37 guntas in Survey No.41/7 of Khanamet Village. The grievance of the petitioners presently is that despite the passing of the aforestated order by the Tahsildar as long back as on 19.11.2010, no steps were taken thereafter to either incorporate the names of the petitioners in the revenue records or issue them the pattadar pass books/title deeds. The petitioners' representation dated 16.11.2017 ventilating their grievance was received by the office of the Tahsildar, Serilingampally Mandal, Ranga Reddy District, on the very same day.

Having received such a representation, it is not open to the Tahsildar to remain somnolent given the earlier order dated 19.11.2010. The writ petition is accordingly disposed of directing the Tahsildar, Serilingampally Mandal, Ranga Reddy District, to take appropriate action upon the petitioners' representation dated 16.11.2017 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:26.03.2019 GJ