E. J. David v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.7090 OF 2019 Date:08.04.2019 Between:

E.J. David, S/o. Late E.J. John, Aged about 60 years, Occ: Business, R/o.H.No.1-2-49/G1, Christian Colony, Mahaboobnagar, Mahaboobnagar District Telangana State .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, Telangana State and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.7090 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

Petitioner is aggrieved by the endorsement of the Tahsildar, Kandi Mandal, Sanga Reddy District, dated 22.03.2019, refusing the request of the petitioner for mutation of his name in the revenue records and issuance of pattadar passbook and title deeds.

3.

Against the said endorsement, remedy of appeal is available under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the Act'). Without availing the said remedy of appeal, petitioner filed this Writ Petition.

4.

During the course of arguments, learned counsel for the petitioner fairly submits that the Tahsildar is the competent authority and the application for mutation of the name of the petitioner in the revenue records and issuance of pattadar passbook and title deeds was made to him. Therefore, when the competency is not in dispute and effective and efficacious remedy of appeal is provided against the endorsement, dated 22.03.2019, the Court is not entering into the merits of the case and also not inclined to entertain the Writ Petition.

5.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to avail the remedy of appeal provided under Section

5 (5) of the Act. It is needless to observe that if such appeal is preferred by the petitioner, the competent authority shall consider the same and pass appropriate orders as expeditiously as possible preferably within a period of six weeks from the date of receipt of appeal. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.04.2019 KH Note : Issue c.c. by 12.04.2019 B/o.

KH