Mohd Abdul Aqheel, v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6450 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 writ or direction more particularly one in the nature of writ of mandamus or any other appropriate writ or direction holding that the action of the Respondent No 3 in not issuing the new patta pass books to the petitioner in respect of the land in Sy.No.167/57 measuring Ac.3.55 Cents situated at Marthidi Village Bejjur Mandal Kumaram Bheem Asifabad District is illegal arbitrary malicious against the principles of natural justice and fair play and amounts to abuse of the powers vested in him and may be pleased to direct the Respondent No 3 to issue the new patta pass books to the petitioner in respect of his land in Sy No 167/57 measuring Ac.3.

55 Cents situated at Marthidi Village Bejjur Mandal Kumaram Bheem Asifabad District and to pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case." Perusal of the record reflects that the petitioner has already been issued a regular pattadar pass book under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971. His grievance presently is that he has not been issued a new pattadar pass book in terms of the Government policy which would enable him to avail the benefits of the Government's Rythu Bandhu welfare scheme.

The record however reflects that the petitioner did not make an application in this regard to the Tahsildar concerned, but straight away made one to the District Collector, Kumarambheem (Asifabad) District. The primary authority, being the Tahsildar concerned, would have to be approached.

In that view of the matter, the Writ Petition is disposed of permitting the petitioner to make an application to the Tahsildar, Bejjur Mandal, Kumarambheem (Asifabad) District, seeking issuance of a new pattadar pass book keeping in mind the old pattadar pass book already issued to him. In the event such an application is made, the Tahsildar,

Bejjur Mandal, Kumarambheem (Asifabad) District, shall take appropriate action thereon expeditiously and in any event, not later than four weeks from the date of receipt of such application. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

----------------------- SANJAY KUMAR, J.

Dt: 27.03.2019 Kvsn