Mohd. Jamaluddin, v. The State Of Telangana
THE HON'BLE SRI JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 6 4 2 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 action of the 3rd respondent/ Tahsildar, in mutating the name of the 4th respondent as pattadar in respect of total extent of land admeasuring Acs.4.10 guntas in Survey No.49/ A of Munipampula Village, Ramannapet Mandal, Yadadri Bhuvanagiri District, and trying to issue title deed in his favour, without disposing of the representation, dated 13.12.2017, submitted by the petitioners, as illegal, arbitrary and for a consequential direction to the 3rd respondent/ Tahsildar to not to change the revenue record in respect of the aforementioned land.
2 .
Heard Sri D.Y.L.N.Charyulu, learned counsel for the petitioners, Sri K.Ramakotaiah, learned Assistant Government Pleader for Revenue representing the respondents 1 to 3 and perused the record. 3 .
The learned counsel for the petitioners would submit that the petitioners are entitled for a share in the land admeasuring Acs.4.10 guntas in Survey No.49/ A situated at Munipampula Village, Ramannapet Mandal, Yadadri Bhuvanagiri District, on the demise of one Habeebuddin, who is a shareholder (hissedar) of the aforementioned lands along with others, the petitioners 1 to 5 (5th petitioner is the widow of the deceased son of Habeebuddin) have got share in the aforementioned land. A representation, dated 13.12.2017, was submitted by the petitioners to the Tahsildar, Ramannapet Mandal, Yadadri Bhuvanagiri District, to effect change in
the revenue records. 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 13.12.2017, by the petitioners, to the Tahsildar, Ramannapet Mandal, Yadadri Bhuvanagiri District, to effect change in the revenue records. When an application is submitted to effect change in the revenue records contenting that the 5th petitioner is the widow of deceased son of Habeebuddin, one of the pattadars of land in Survey No.49/ A situated at Munipampula village, Ramannapet Mandal, and the other petitioners also have substantial interest and right of succession, the said application is required to be examined and disposed of in terms of Telangana Rights in Land and Pattadar Pass Books Act, 1971. Since no action is taken on the representation, dated 13.12.
2017 submitted by the petitioners, the Tahsildar, Ramannapet Mandal, Yadadri Bhuvanagiri District, where the representation is lodged, is directed to examine the representation, dated 13.12.2017, and dispose of the same, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order.
5 .
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 23.04.2019 Bvv