Gangula Shambhavi v. The State Of Telangana
THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6468 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 declaring the inaction of the respondent Nos.2 to 4 in issuing pattadar pass book and also benefits under Rytu bandu scheme in favour of the petitioner in respect of the land total admeasuring Ac 103 gts i e an extent of Ac 005 gts in Sy.No.216/part an extent of Ac 028 gts in Sy.No.217/part and an extent of Ac.0.10 gts in Sy No.217/part situated at Gummudur v Mahabubabad Mandal and District Despite representations dts. 6.11.2017 and 24.12.
2018 as illegal arbitrary and violative of principles of natural justice and consequently direct the respondents to issue pass book and benefits under Rytu bandu scheme in favour of the petitioner for the said land and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case." It is the grievance of the petitioner that she inherited the subject lands upon the death of her husband, a freedom fighter who was assigned the subject lands. It is her complaint that the revenue authorities are not carrying out mutation in the revenue records in her favour and issuing her a pattadar pass book so that she can avail the benefits of the Government's Rythu Bandhu welfare scheme.
Perusal of the record however reflects that the petitioner did not make an application in the prescribed format, but merely handed over a written representation on 06.11.2017 in the office of the Tahsildar concerned. Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for brevity 'the Act of 1971'), requires any person acquiring a right in the nature of ownership be it by inheritance, survival, succession etc., to intimate the same in writing to the Tahsildar.
(2) of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989, postulates that such intimation has to be in Form VI (A).
As the petitioner admittedly did not make an application in Form VI (A), it is not open to her to complain of inaction on the part of the revenue authorities.
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, Mahabubabad Mandal, Mahabubabad District. In the event such an application is made, the Tahsildar, Mahabubabad Mandal, Mahabubabad 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