Mohd. Jaffar Pasha v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 6 9 6 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 respondent authorities in acting upon the Mutation Application No.MU021900243994 of the 1st petitioner, Mutation Application No.MU0211900243996 of the 2nd petitioner and Mutation Application No.MU021900243993 of the 3rd petitioner, dated 22.01.2019, for mutation of Records of Rights in respect of land admeasuring Ac.0.20 guntas in Survey No.87/ AA1 of the 1st petitioner, Ac.0.10 guntas in Survey No.87/ A1 and Ac.0.10 guntas in Survey No.87/ AA1 of the 2nd petitioner and Ac.0.20 guntas in Survey No.87/ AA1 of the 3rd petitioner, situated at Mulug Revenue Village and Mandal, Siddipet District, as illegal, arbitrary and for a consequential direction to the respondents to act upon the aforementioned Mutation Applications.

2 .

Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue representing the respondents and perused the record.

3 .

The learned counsel for the petitioners would submit that the petitioners have submitted the aforementioned three Mutation Applications, dated 22.01.2019, in respect of land admeasuring Ac.0.20 guntas in Survey No.87/ AA1 of the 1st petitioner, Ac.0.10 guntas in Survey No.87/ A1 and Ac.0.10

guntas in Survey No.87/ AA1 of the 2nd petitioner and Ac.0.20 guntas in Survey No.87/ AA1 of the 3rd petitioner, situated at Mulug Revenue Village and Mandal, Siddipet District, to the 3rd respondent/ Tahsildar, Mulug Tahsil, Siddipet District. As per the online status, no action has been taken on the said Mutation Applications yet. As per the regulations, the said three Mutation Applications are required to be disposed of under Section 5 of the Andhra Pradesh Record of Rights in Land Act, 1971, within a period of 45 days.

4 .

There is no dispute or denial by the respondents with regard to submitting of the aforementioned three Mutation Applications, dated 22.01.2019, by the petitioners. There is no compliance of the said applications yet by the 3rd respondent/ Tahsildar, Mulug Tahsil, Siddipet District. When an application is filed for mutation, the said application is required to be disposed of under Section 5 and other provisions of the Andhra Pradesh Record of Rights in Land Act, 1971. 5 .

Under these circumstances, the respondent No.3/ Tahsildar, Mulug Tahsil, Siddipet District, is directed to dispose of Mutation Application No.MU021900243994 of the 1st petitioner, Mutation Application No.MU0211900243996 of the 2nd petitioner and Mutation Application No.MU021900243993 of the 3rd petitioner, dated 22.01.2019, 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, after due enquiry and as per the governing regulations.

6 .

With the above direction, this 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 24th April, 2019 Bvv