Malapaneni Kotaiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6786 of 2019 ORDER:

The petitioner is aggrieved by the inaction on the part of the Tahsildar, Kowdipally Mandal, Medak District, in making necessary rectifications in the revenue records in relation to the nature of his land holdings in various sub-divisions of Survey No.284 of Mohammad Nagar Village, Kowdipally Mandal, Medak District.

Perusal of the record reflects that the petitioner was issued a regular pattadar pass book under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, indicating his total land holding of Acs.8.02 guntas in Survey Nos.284/99, 284/JA, 284/101 and 284/103 of Mohammad Nagar Village, Kowdipally Mandal, Medak District, mentioning the nature of the land as his self-acquired property. The petitioner was thereafter issued an e-pattadar pass book as per the Government's policy wherein the survey number and the total land holding, aggregating to Acs.8.02 guntas, was correctly shown but instead of indicating the land as the property of the petitioner, it was shown as assigned land. A similar entry was made in the Form 1-B record. In this regard, it may also be noted that the petitioner filed O.S.No.

50 of 2010 before the learned Junior Civil Judge, Narsapur, seeking declaration of his title and incorporation of his name as the pattadar and possessor of the subject lands. He then filed A.S.No.7 of 2016 before the learned VIII Additional District and Sessions Judge, Medak, upon dismissal of the said suit. A.S.No.

arrayed as defendant Nos.1 to 4/ respondent Nos.1 to 4. A further direction was given by the appellate Court to the revenue authorities, viz., the Mandal Revenue Officer, Kowdipally, the Revenue Divisional Officer, Medak, and the District Collector, Medak at Sanga Reddy, to delete the names of defendant Nos.1 to 4/ respondent Nos.1 to 4 from the revenue records and more particularly the pahani patrikas. In the light of the aforestated facts, it is not open to the Tahsildar, Kowdipally Mandal, to remain somnolent even after receipt of the petitioner's representations dated 14.08.2018, 09.11.2018 and 11.03.2019 whereby he sought rectification in the revenue records.

The writ petition is accordingly disposed of directing the Tahsidlar, Kowdipally Mandal, Medak District, to take appropriate action upon the petitioner's representations referred to supra in the light of the appellate Court judgment dated 17.08.2017 in A.S.No.7 of 2016 and the regular pattadar pass book. This exercise shall be completed 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:17.06.2019 PGS