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High Court for State of TelanganaWP/8400/2019disposed of no costs

Md. Samiullah v. State Of Telangana

2019-04-29Shameem Akther3 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 4 0 0 OF 2 0 1 9 ORDER:

Pursuant to the order, dated 24.04.2019, of this Court, respondent No.3/ Tahsildar, Basara Mandal, Nirmal District, is present in the Court today.

2 .

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondents, particularly respondent No.3, in not mutating the name of the petitioner and others in the revenue records and not issuing e-pattadar pass books and title deeds in respect of the agricultural dry land admeasuring Ac.5-15 guntas in Survey No.59/ A2/ 2/ 1, situated at Ravindrapur Village, Basara Mandal, Nirmal District, by considering the application, dated 09.08.2018, of the petitioner, as illegal and arbitrary and consequently, to direct the respondents to consider the application, dated 09.08.2018, of the petitioner. 3 .

Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, appearing for the respondents, and perused the record.

4 .

Learned counsel for the petitioner would contend that the petitioner and others are the owners and possessors of the subject land. They have purchased the same under a registered Sale Deed bearing No.1085/ 2018, dated 12.03.2018, registered in the office of SRO, Bhainsa, Nirmal District. As the respondent

Dr.SA,J W.P.No.8400 of 2019 authorities are issuing e-pattadar pass books in respect of all agricultural lands in the State, the petitioner, on behalf of all the owners, made an application on 09.08.2018 seeking to mutate the name of the petitioner and others in the revenue records and to issue e-pattadar pass books and title deeds in respect of the subject land. Though respondent No.3 received the same, no action is taken yet on the said application. Hence, the present Writ Petition is filed.

5 .

The computerized pattadar pass book of the vendor of the petitioner is annexed to the copies of the documents. There is no denial with regard to the petitioner filing an application on 09.08.2018. There is no much dispute with regard to the other aspects urged before this Court. In the given circumstances, the authorities concerned have to examine the whole issue and pass necessary orders, including issuance of e-pattadar pass books in terms of the Telangana Rights in Land and Pattadar Pass Books Act, 1971. It is submitted on behalf of respondent No.3 that an action on the application, dated 09.08.2018, of the petitioner is in process.

6 .

Under these circumstances, respondent No.3/ Tahsildar, Basara Mandal, Nirmal District, is directed to dispose of the application, dated 09.08.2018, of the petitioner, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order.

Dr.SA,J W.P.No.8400 of 2019 7 .

With the above direction, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J April 29, 2019.

MD