Mohd. Moulana Shah, v. The Tahsildar (Mandal Revenue Officer)
THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.30517 OF 2011 O R D E R :
Heard learned counsel for the petitioner and learned Government Pleader for the respondent. With the consent of both the parties, the Writ Petition is disposed of at the stage of admission.
The present Writ Petition is filed by the petitioner seeking issuance of writ of mandamus declaring the action of the respondent in not disposing of the representation of the petitioner dated 14.03.2011 filed under Section 5 of the A.P. Rights in Land & Pattedari Pass Books Act, 1971 read with Rule 15 of the A.P. Rights in Land and Pattedari Pass Books Rules for rectification of the entries in the Pahanies and other revenue records, in respect of the land in Sy.No.711 to an extent of Ac.2.10 Gts., situated at Gundumal Village, Kosgi Mandal, Mahaboobnagar District as illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent to dispose of the said representation at an early date.
The averments in the Writ Petition shows that the petitioner claims to be the owner of the land in Sy.No.711 to an extent of Ac.2.10 Gts., situated at Gundumal village,
Kosgi Mandal, Mahaboobnagar District. According to him, the said land was Maafi Inam and by operation of law itself, his father Imam Shah, being the legalheir of the Inamdar became the absolute owner and pattedar of the same, having succeeded to the Inamdar. It is stated that after the demise of his father, the name of the petitioner was mutated in the revenue records in respect of lands in Sy.No.711 of Gundumal village. It is further stated that recently he has obtained the certified copies of the pahanies of his land and surprisingly the name of one Venkateshwar Rao and three others were entered in the column of 'pattedar' in respect of Sy.No.711 of Gundumal village and in the column of 'possession' Zilla Parishad High School was entered. The petitioner further stated that he made an application under Section 5 of the A.P.
Rights in Land & Pattedari Pass Books Act, 1971 read with Rule 15 of A.P. Rights in Land and Pattedari Pass Books Rules, praying the Authority i.e., the respondent to rectify the revenue entries in the Pahanies and other revenue records in respect of Sy.No.711 of Gundumal village, Kosgi Mandal, Mahaboobnagar District and to enter the name of the petitioner by removing the names of the above persons and Zilla Parishad High School. The said representation was made on 16.03.2011 and the same was acknowledged by the respondent but the respondent has not acted upon it.
Questioning the inaction of the
respondent, the present Writ Petition is filed seeking a direction to the respondent to dispose of the representation of the petitioner.
No counter is filed, but however, the learned Government Pleader on instructions submitted that in the said land Z.P. School is in existence and that the petitioner has no right or title over the said property. He further submits that though various allegations are made by the petitioner in the affidavit filed in support of the Writ Petition but no documents are filed to substantiate the same. It is true that though the petitioner claims ownership over the said land, no document is filed to prove the same. Since the representation dated 14.03.2011 made by the petitioner under Section 5 of the A.P. Rights in Land & Pattedari Pass Books Act, 1971 read with Rule 15 of A.P. Rights in Land and Pattedari Pass Books Rules, is said to be pending before the respondent/Tahasildar, Kosgi Mandal, Kosgi, Mahaboobnagar District, the respondent is directed to dispose of the same at the earliest in accordance with law by taking into consideration the objections raised by the petitioner.
Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, pending if any, in this Writ Petition, shall stand closed.
_______________________ C.PRAVEEN KUMAR, J Dt:11.08.2015 GM