Mr.Saduvelli Kistaiah v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 4 5 7 of 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners, seeking a Writ of Mandamus, declaring the inaction of the 3rd respondent/ Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, in mutating the name of the petitioners in the revenue records in respect of agricultural land admeasuring Ac.1.05 guntas in Survey No.13/ 2/ EE, situated at Vangapally Village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, by disposing of the representation, dated 15.05.2017, of the petitioners, as illegal, arbitrary and violative of principles of natural justice and for a consequential direction to dispose of the representation, dated 15.05.2017, submitted by the petitioners for mutation of the aforementioned agricultural land in their name. 2 .

Heard Sri N.Bhujanga Rao, learned counsel for the petitioners, Sri K.Ramakotaiah, learned Assistant Government Pleader for Revenue representing the respondents and perused the record. 3 .

The learned counsel for the petitioners would submit that the first petitioner herein and the father of the petitioners 2 to 6 herein have purchased agricultural land admeasuring Ac.1.05 guntas in Survey No.13/ 2/ EE, situated at Vangapally Village, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, under a registered sale deed bearing No.92/ 1971, dated 25.01.1971, from one Late Kusheebadanlal, S/ o. Late Mukatram. After the demise of the father of the petitioners 2 to 6 herein, the petitioners have submitted a representation, dated 15.05.2017, to the 3rd respondent/ Tahsildar,

Yadagirigutta Mandal, Yadadri Bhuvanagiri District, to mutate the aforementioned agricultural land in their name. However, no action has been taken on the said representation yet. 4 .

There is no denial by the respondents with regard to submission of the representation, dated 15.05.2017, by the petitioners, to the 3rd respondent/ Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, to mutate their names in the revenue records. It is pertinent to state that the 3rd respondent/ Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, has to conduct an enquiry under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 and effect the mutation, subject to the outcome of the enquiry. No such enquiry is conducted yet. 5 .

Under these circumstances, the 3rd respondent/ Tahsildar, Yadagirigutta Mandal, Yadadri Bhuvanagiri District, is directed to conduct an enquiry under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, and dispose of the representation, dated 15.05.2017, submitted by the petitioners, in accordance with law, as expeditiously as possible, preferably within a period of three (03) 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 stage of admission. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 23rd April, 2019 Bvv