Julakanti Narsi Reddy v. State Of Andhra Pradesh

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY ,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 12207 OF 2020 Between:

1. Julakanti Narsi Reddy, S/o.Baswa Reddy Aged about 82 years OccAgriculture R/o.Narsimhulagudem village, Munagala Mandal, Suryapet District (Old Nalgonda District

2. Julakanti Baswa Reddy, S/o.Narsi Reddy Aged about 56 years OccAgriculture R/o.Narsimhulagudem village, lr{unagala Suryapet District (Old Nalgonda District .PETITIONERS AND

1. State of Andhra Pradesh, Rep. by Principal Secretary to Government, Revenue Department, Telangana Secretariat, Hyderabad.

2. District Collector, Suryapet District at Suryapet.

3. Tahsildar, Munagala Mandal, Suryapet District.

4. Palle Naga Laxmi, W/o.Narsi Reddy Aged 36 years Occ- Household R/o.Guduguntlapalem village of Nereducherla lvlandal, presently Residing at Narsimhulagudem Village, Munagala Mandal, Suryapet District (Old Nalgonda District).

5. Modugu Koti Reddy, S/o.Venkat Reddy Aged 6'l years Occ- Agriculture R/o.Bethavolu village of Chilukuru Mandal Suryapet District (Old Nalgonda District).

6. Modugu Krishna Reddy, S/o.Venkat Reddy Aged 53 years Occ - Agriculture R/o.Bethavolu village of Chilukuru lvlandal Suryapet District (Old Nalgonda District)

7. Modugu Venkat Reddy, S/o.Venkat Reddy Aged 51 years Occ Agriculture R/o.Bethavolu village of Chilukuru Mandal Suryapet District (Old Nalgonda District)

8. Bobbili Padma, W/o.Venkat Reddy Aged 47 years Occ- Agriculture R/o.Bethavolu village of Chilukuru Mandal Suryapet District (Old Nalgonda District) ...RESPONDENTS

2Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of 3rd Respondent, on the my representation d1.31 .12.2018 for issuing pattadar Pass Book Cum Title Deed and mutation of my name in all online web land revenue records including Adangal Pahanies, l-B register and Record of Rights connected to the landed property of Sy.No.102l3 adm Ac.0-59 cents, Sy.No.102/4 adm Ac.1-50 cents, Sy.No.103/2 adm Ac.2-02 cents, Sy.No.1B1/1 adm Ac.2-39 cents, Sy.No.181/2 adm Ac.2-08 cents, Sy.No.184/1 adm Ac.1-44 cents, Sy.No.184/2 adm Ac.0-95 cents, Sy.No.1BB/2 adm Ac.1-34 cents and Sy.No.188/3 adm Ac.

2-11 cents, total extent of Ac.14-42 cents situated at Repala village of Narsimhulagudem, Munagala Mandal, Suryapet District as illegal, irregular, irrational and amounts to non-discharge of Legal Obligation conferred on him under the provisions of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 and rules framed there under and offends Articles 14 and 21 of Constitution of lndia and consequently direct the 2nd Respondent to issue Pattadar Pass Book cum Title Deed and mutate our names equally in all online web land revenue records including Adangal Pahanies, l-B register and Record of Rights in favor of the Petitioners in respect of the said land of the Petitioners.

lA NO: 1 OF 2020 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct 2nd Respondent to consider and decide our representation dated 31 .12.2018 submitted for issue of pattadar pass book cum title deed and for mutation of our names equally in all online web land revenue records including Adangal Pahanies, l-B register and Record of Rights in respect of the land Sy.No.102/3 adm Ac.0-59 cents, Sy.No.'1 0214 adm Ac.150 cents, Sy.No.103/2 adm Ac.2-02 cents, Sy.No.1B1/1 adm Ac.2-39 cents, Sy.No.1B112 adm Ac.2-08 cents, Sy.No.184/1 adm Ac.1-44 cents, Sy.No.'1 84/2 adm Ac.0-95 cents, Sy.No.18Bl2 adm Ac.1-34 cents and Sy.No.18B/3 adm Ac.2-11 cents, total extent of Ac.14-42 cents situated at Repala village of Narsimhulagudem, Munagala Mandal, Suryapet District, pending disposal of the main writ petition.

Counsel for the Petitioners:SRl. N VISHNU MURTHY Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent Nos. 4 to 8: NONE APPEARED The Court made the following:

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.122O7 of 2O2O ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

This writ petition is filed seeking a direction to respondent No.3 to pass necessary orders on the representation submitted by the petitioner on 31.72.2018 for mutation of his name and issuance of pattadar passbook and title deed in his favour, in respect of the subject lands.

The learned Government Pleader points out that as can been seen from the averments of the writ affidavit, at the end of paragraph No.5, the petitioner himself has stated that the official respondents have changed the name of late Julakanti Rami Reddy to Respondent Nos.4 to 8 in the revenue records. Hence, the remedy available to the petitioner is to file an appeal before the Revenue Divisional Officer concerned, as mandated under Section 5 of The Telangana Rights in Land and Pattadar Passbooks Act, 1971, (in short 'ROR Act'). However, without availing the said remedy, the petitioner has directly approached this Court and therefore, the u,rit petition is not maintainable. The learned counsel for the petitioner fairly states that the petitioner has not filed any appeal, seeks some time for filing the appeal and also seeks a direction to the appellate authority to dispose of the appeal within a particular time-frame.

WP N0.12207 of 2020 AAR,J Having regard to the above made submissions, the Writ Petition is disposed of with a direction to the petitioner to prefer an appeal under Section 5 of the ROR Act before the Revenue Divisional Officer, questioning the action of the 3.d respondentTahsildar in mutating the name of the unofficial respondents in the revenue records in respect of the subject lands, within a period of two weeks from the date of receipt of a copy of this order. On such appeal being filed, the appellate authority is directed to dispose of the appeal preferred by the petitioner, as expeditiously as possible, preferably within a period of four months from the date of filing ol the appeal, after issuing notices to the petitioner as r.l,ell as other interested persons and affording an opportunity of hearing to them.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

SD/.CH.VENKATESWARULU ASSISTANT REGIS R //TRUE COPY// I SECTION OFFICER To,

1. The Principal Secretary to Government, Revenue Department, State of Andhra Prbdesh, Telahgana Secretariat, Hyderabad.

2. District Collector, Suryapet District at Suryapet.

3. Tahsildar, Munagala Mandal, Suryapet Districl ^

4. One CC to Sri.N. Vishnu Murthv, Advocate (OPUC)

5. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad (OUT)

6. Two CD Copies.

PIVI

i HIGH COURT DATED:20/08/2020 r4:

S o P ?m0 L]L o C) ) )2< *

ORDER

WP.No.12207 of 2020 Disposing the WP Without costs )p)p