Sri Y. Dass v. State Of Telangana,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11181 OF 2019 ORDER :

The grievance of the petitioners is that the revenue authorities are not mutating their names in the revenue records in relation to the land purchased by them admeasuring, in all, Ac.1-00 guntas, in Survey No.1001 of Ameenpur Village and Mandal, Sangareddy District.

2. Perusal of the record reflects that the applications in Form VI (A) were submitted by the petitioners as required by Section 4 of the Telangana Rights in Land and Pattedar Pass Book Act, 1971. It appears that the revenue authorities are not acting upon the said applications basing on certain objections which already fell for consideration before the erstwhile combined High Court for the States of Telangana and Andhra Pradesh. Reference in this regard may be made to the order in W.P.No.27365 of 2011, which was followed thereafter in W.P.No.28992 of 2016.

3. For reasons alike as stated in the aforesaid orders and in terms thereof, the present writ petition is amenable to disposal at the admission stage. The operative portion of the order dated 29.06.2016 in W.P.No.27365 of 2011 reads as under:

"9. However, as regards the entitlement of the petitioner to the land in Sy. No.1010, 1007 to the extent which is allotted to her in the final decree proceedings in O.S.No.219 of 1982 (other than the land covered by the road mentioned above), since there is no dispute or claim raised by any third party, 2nd respondent shall cause a survey to be made and mutate the area, excluding the area covered by the road in the said survey numbers, in favour of the petitioner, after giving notice to all the affected persons. For the area covered by the road, after the decision of a competent forum about its ownership and possession, appropriate mutation proceedings can be initiated by 2nd respondent."

4. As the petitioners have already submitted applications for mutation, it would suffice if the revenue authorities deal with the same in terms of the directions extracted supra. It is however made clear that the Recording Authority is bound to follow the due procedure. The affecting party, if any, should be put on notice before making any amendment in the revenue records in relation to the subject land. This exercise shall be completed expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order, be it from whatever source.

5. The Writ Petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ SANJAY KUMAR, J 20th June, 2019 sur