The Society Of The Order Of St. Camillus v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.11058 of 2019 ORDER:

The grievance of the petitioner-society is that the Tahsildar, Medchal Mandal, Medchal-Malkajgiri District, is not recording its name in the revenue records in relation to the land admeasuring Acs.2.35 guntas in Survey Nos.118, 119, 120, 121, 122 and 123/B of Yellampet Village, Medchal Mandal, Ranga Reddy District.

Perusal of the record reflects that the petitioner-society submitted a printed form titled 'application for change of patta'. This is however not the procedure prescribed by law. Mutation in the revenue records would have to be effected under Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act of 1971'). An application in Form VI-A would have to be filed by the person seeking mutation in terms of Section 4 of the Act of 1971 read with Rule 18 of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989. Without adhering to the prescribed procedure, it is not open to the petitioner-society to complain of inaction on the part of the revenue authorities.

The writ petition is accordingly disposed of permitting the petitioner-society to make an application in the prescribed format in Form VI-A along with the requisite fee and necessary documents. In the event such an application is made, the Tahsildar, Medchal Mandal, MedchalMalkajgiri District, shall take appropriate action thereon in accordance with law expeditiously and in any event, not later than four weeks from the date receipt of such application.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:07.06.2019 GJ