Smt Manuka Mallamma v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6894 of 2019 ORDER:

The prayer of the petitioners in this case reads as under: 'For the facts set out and reasons mentioned in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, more particularly one in the nature of Mandamus, declaring the action of the respondents herein particularly respondent No.6 herein in not considering petitioners' application dated 12-8-2013 and 12-112014 with respect to land admeasuring Ac 3-16 Gts., in Sy.No.

205 situated at Narsingi Village, Rajendranagar Mandal, Ranga Reddy District, Telangana State, despite of petitioners repeated reminders and representations as highly illegal, arbitrary, violation of petitioners fundamental rights and against principle of natural justice, in consequence direct the respondent to consider petitioners' application dated 12-8-2013 and 12-11-2014 with respect to land admeasuring Ac. 316 Gts., in Sy.No.205, situated at Narsingi Village, Rajendranagar Mandal, Ranga Reddy District, Telangana State in accordance with law and pass such other and further orders as are just and necessary in the circumstances of the case.'

The petitioners claim rights over the subject land as the legal heirs of their father, late M.Balaiah, who was assigned this land in the year 1962.

However, perusal of the record reflects that the petitioners merely made representations to the revenue authorities seeking mutation in their favour without following the due procedure laid down by law. As per Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 read with Rule 18(2) of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989, any person acquiring by succession, survivorship, inheritance or otherwise any right as an owner of a land has to intimate in writing such acquisition of rights to the Tahsildar concerned in Form VI-A along with the requisite fee.

As the petitioners failed to abide by this procedure, it is not open to them to complain of inaction on the part of the revenue authorities. The writ petition is accordingly disposed of permitting the petitioners to make an application in the prescribed format in Form VI(A)

along with the requisite fee to the Tahsildar, Gandipet Mandal, Ranga Reddy District. In the event such an application is received, the Tahsildar shall consider the same and take appropriate action on its own merits and in accordance with the due procedure expeditiously and in any event, not later than four weeks from the date of its receipt. 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:02.04.2019 GJ