D. Bhoni Bai v. The State Of Telengana

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7474 of 2015 ORDER:

This Writ Petition is filed by the petitioners seeking a writ of mandamus declaring the inaction of the 3rd respondent in not disposing or conducting enquiry against the application submitted under Form VI (A) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, dated 19-05-2014, by the petitioners for issuance of pattedar pass books and title deeds as illegal, arbitrary and contrary to the provisions of law and consequently direct the 3rd respondent to consider and dispose of the petitioners' application submitted under Form VI (A), dated 19-052014 as per the provisions of the Act.

It is appropriate to notice that in terms of Section 4 of the 1971 Act, any person acquiring by succession or survivorship or inheritance or by partition or by way of a decree from a Court any right as owner, pattadar, mortgagee, occupant or tenant of a land, shall intimate, in writing, his acquisition of such right to the Mandal Revenue Officer within 90 days from the date of such acquisition and then, the Mandal Revenue Officer shall give an acknowledgment of the receipt of such intimation. Thereafter, under Section 5 of the said Act, the Mandal Revenue Officer shall determine as to whether and if so, in what manner, the record of rights may be amended in consequence of the Application made and carry out the necessary amendment in the record of rights in accordance with such determination.

provisions of the Act. As per Rule 9, after due completion of enquiry, the recording authority shall pass orders in respect of cases requiring change of registry necessitated by succession, when it is not disputed. Form VI (A) is prescribed as the proper form for indicating intimation of acquisition of rights in terms of Section 4 of the Act, as per sub-rule (2) of Rule 18 of the Rules. The petitioners have submitted the Application in Form VI (A) on 19-05-2014 to the recording authority, the Tahsildar, Serilingampally Mandal, the 3rd respondent herein. Therefore, the 3rd respondent shall deal with the Application of the petitioners and pass appropriate orders, within a maximum period of three months, at any rate, before the end of June, 2015. With this, the Writ Petition stands disposed of. No costs. The Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________________ JUSTICE CHALLA KODANDA RAM March 23, 2015 PN THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.7474 of 2015 March 23, 2015 PN