Aviti Chitra v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.6930 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 a writ order or direction more particularly one in the nature of Writ of Mandamus by declaring the action of the 3rd and 4th respondents in not issuing the New Digital Pattadar Pass books and title deeds, in place of old pass books, in pertaining to the land an extent of Ac.0.38 gts. in Sy.No.

171/A/A situated at Outcuts of Renipatla Village, Maddur Mandal, Narayanapet (Old Mahabubnagar) District, Telangana State, by considering representation of the Petitioner, dated 26-03-2019, as illegal, arbitrary and un-constitutional and against the principals of natural justice and consequently to direct the 3rd and 4th respondents to issue the New Digital Pattadar Pass books and title deeds, in place of old pass books, in pertaining to the land an extent of Ac.0.38 gts. in Sy.No.171/A/A, situated at Outcuts of Renipatla Village, Maddur Mandal, Narayanapet (Old Mahabubnagar) District, Telangana State, by considering representation of the Petitioner dated 26-03-2019 and pass such other order or orders as may deem fit and proper in the circumstances of the case.'

Perusal of the record reflects that the petitioner was already issued a regular pattadar pass book under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, indicating her land holding of Acs.0.38 guntas in Survey No.171/A/A of Renivatla Village, Maddur Mandal, presently in Narayanapet District. It is her grievance that she has not been issued a new pattadar pass book despite having made a representation on 26.03.2019.

Perusal of the aforestated representation reflects that it was not made to the primary authority, i.e., the Tahsildar, Maddur Mandal,

Narayanapet District, but to the Revenue Divisional Officer, Narayanapet Revenue Division.

As the petitioner approached the wrong authority, this Court is of the opinion that it is not open to her to complain of inaction at this stage. The Writ Petition is accordingly disposed of permitting the petitioner to make a representation to the Tahsildar, Maddur Mandal, Narayanapet District, along with a copy of her regular pattadar pass book, seeking issuance of a new pattadar pass book in terms of the Government's policy. In the event such a representation is received, the Tahsildar shall take appropriate action thereon 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