Bommakanti Chandraiah v. The State Of Telangana

Date : 9.4.2019 Between:

Bommakanti Chandraiah S/o Sornaiah Aged about 75 years R/o Muthireddi Gudem Bhuvanagiri Mandal Yadadri Bhuvanagiri District Petitioner And The State of Telangana rep by its Principal Secretary Department of Revenue Secretariat Buildings Hyderabad & others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Revenue.

2.

Aggrieved by the order of Tahsildar in issuing pattadar passbooks and title deeds, petitioner filed appeal before the Sub Divisional Magistrate and Revenue Divisional Officer, Bhongir under Section 5 (5) of the A.P. Rights in Land and Pattedar Passbooks Act, 1971. After hearing the claims of both parties, the Sub Divisional Magistrate and Revenue Divisional Officer, by order dated 1.9.2018 remanded the matter to Tahsildar directing to follow the procedure prescribed under Section 5 (3) of the Act, 1971. This writ petition is filed alleging that so far enquiry is not taken up by Tahsildar pursuant to order dated 1.9.2018, causing hardship.

3.

Learned counsel for petitioner pointed out that several representations are made requesting the Tahsildar to conduct proceedings as per Section 5 (3) of the Act, 1971 but so far, he has not taken up the exercise.

4.

Having regard to the facts noted above, without expressing any opinion on merits and reserving the claims of unofficial respondents 5 to 10, writ petition is disposed of directing the Tahsildar to take steps as ordered by Sub Divisional Magistrate and Revenue Divisional Officer,

while remitting the matter and after affording due opportunity to both parties and on due consideration of respective claims to pass orders assigning due reasons within a period of two months from the date of receipt of copy of this order. Further, it is made clear that this order is valid, if no revision is preferred against the decision of the Sub Divisional Magistrate and Revenue Divisional Officer, and no revision is pending before the Revisional Authority. No costs. Miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE: 9-4-2019 TVK

Date : 9.4.2019