Yerrolla Aruna Rani v. The State Of Telangana

THE HON'BLE Dr .JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No. 8 2 8 5 of 2 0 1 9 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, to declare the inaction on the part of the fourth respondent/ Tahsildar, Marpally Mandal, Vikarabad District, in conducting succession enquiry based on representation given by the petitioner on 12.11.2018 in respect of Agricultural lands admeasuring an extent of Ac.0-39 gts in Sy.No.1/ AA/ 2/ 1, Ac 106 gts in Sy No.45/ AA/ 2, Ac 0-08 gts in Sy.No. 97/ RU, Ac.0-26 gts in Sy.No.88/ E and Ac.0-34 gts in Sy.No.79/ E, total admeasuring Ac.3-33 gts situated at Komsetpally Village, Marpally Mandal, Ranga Reddy District and an extent of Ac. 3-14 gts in Sy.No.47/ E situated at Bilkal Village, Marpally Mandal, Ranga Reddy District, (total an extent of Ac.7-07 gts), after the death of grandfather of petitioner Yerrolla Lakshmaiah as illegal and arbitrary.

2.

Heard Sri Mohd.Ghulam, learned counsel for the petitioner, Sri Hareesh Muchinthala, learned Government Pleader for Revenue appearing for the respondents and perused the record. 3.

It has been contended by the learned counsel for the petitioner that the petitioner's parents died in the year 2016. Thereafter, petitioner made a representation on 12.11.2018, to the fourth respondent/ Tahsildar, Marpally Mandal, Vikarabad District, requesting to transfer in her name, the land standing in the name of her grand parents. No enquiry has been conducted

and mutation is effected in favour of the petitioner in the revenue records in respect of the total land admeasuring an extent of Ac.7-07 gts situated at Komsetpally Village, Marpally Mandal and Bilkal village, Marpally Mandal, Ranga Reddy District. 4.

There is no dispute with regard to the death of parents of the petitioner herein. The only dispute is that the land belonging to her parents, after their demise, was not mutated in favour of the petitioner under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short "the Act"). In the given circumstances, the petitioner is entitled for disposal of her representation dated 12.11.2018, after an enquiry contemplated under the said Act.

5.

Under these circumstances, the fourth respondent/ Tahsildar, Marpally Mandal, Vikarabad District, is directed to dispose of the petitioner's representation dated 12.11.2018, in accordance with the procedure established under law, within a period of three (3) months from the date of receipt of a copy of this order.

6.

With the above direction, the writ petition is disposed of at the admission stage. Miscellaneous Petitions, if any, pending in this writ petition, shall stand closed. No order as to costs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr .JUSTI CE SHAMEEM AKTHER Date: 22.04.2019 grk