K. Chandraiah , Kolkuri Chandra Reddy v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 9 6 3 of 2 0 1 9 ORDER:

This writ petition is filed seeking the following relief: ".....to issue appropriate writ, order or direction especially one in the nature of a Writ of Mandamus to declare the action of the respondent authorities in not issuing digitalized (new) pattadar Pass Book and Title deed in respect of the land to an extent of Acs.3.11 Gts., covered by Sy.No.346/ AA/ 6 situated at Pamulaparthy Village, Markur Mandal, Siddipet District, further deleting the petitioner's name in the revenue records to the said extent in the said survey number, without any notice and opportunity of hearing to the petitioner, as arbitrary, illegal, contrary to law against the provisions of Telangana Rights in land and Pattadar Pass Books Act, 1971 and rules framed thereunder, against the provisions of A.P.

(Telangana Area) Inams Abolition Act, 1955, voilative of Article 14 and 300-A of the Constitution of India and in violation of the well settled principles of natural justice and consequently direct the respondent authorities to issue digitalized (new) pattadar Passbook and Title deed to the petitioner in respect of the aforesaid land." Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue for respondents and perused the record.

It is contended on behalf of the petitioner that the petitioner is the owner and possessor of land admeasuring Acs.3.11 guntas in Sy.No.346/ AA/ 6 situated at Pamulaparthy Village, Markur Mandal, Siddipet District. The petitioner has obtained an Inam certificate vide D.Dis.No.A/ 993/ 1975, dated 04.10.1977 from the Revenue Divisional Officer, Siddipet, in respect of the above mentioned land as well as other lands. The name of the petitioner was mutated in the revenue records as owner and possessor of the subject land and other lands. The grievance of the petitioner is that though his name is reflected as owner in respect of his land in Sy.No.346/ AA/ 6, pattadar passbook is not issued. Though the

representations dated 11.03.2019 and 15.03.2019 for taking action in this regard were made long back, no action has been taken yet. There is no dispute with regard to the petitioner submitting representations dated 11.03.2019 and 15.03.2019 for mutation of his name in respect of the subject land. If an application is filed bringing to the notice of the authorities concerned about the illegal deletion of the name of the petitioner in respect of the subject land, the said authorities had to take expeditious action under the provisions of Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short 'ROR Act') within a period of 45 days. It is evident that no action has been taken by the respondents on the representations filed by the petitioner.

Therefore, respondent No.4-Tahsildar is directed to consider the representations of the petitioner dated 11.03.2019 and 15.03.2019, take necessary action thereon and dispose of the same under the provisions of ROR Act within a period of three months from the date of receipt of a copy of this order. With the above directions, the Writ Petition is disposed of at the stage of admission.

Miscellaneous petitions pending, if any, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DR. SHAMEEM AKTHER, J Date: 25.04.2019 ssp