B. Sai Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.11419 OF 2019 ORDER:

The petitioners seek mutation in the revenue records in relation to the lands admeasuring Ac.74-14 guntas in various survey numbers of Bandayelkacharla Village, Kulkacherla Mandal, Vikarabad District, on the strength of the registered partition deed dated 07.8.2018, bearing document No.3681 of 2018.

It is their complaint that when they wanted to submit an application in Form VI(A) on-line in terms of the requirement of Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 ( for brevity, 'the Act of 1971'), read with Rule 18 of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989 (for brevity, 'the Rules of 1989'), they were unable to do so as the prescribed on-line format did not permit acceptance of such an application when it was based on a partition deed. The mee-seva on-line VI (A) application filed along with this Writ Petition bears this out as there is no mention therein of a claim based on a partition deed. On 12.6.2019, the learned Assistant Government Pleader for Revenue, State of Telangana, was asked to get instructions in this regard and today, he informed this Court that the on-line application is deficient in this regard and that steps are being taken to include a partition deed also.

In that view of the matter, it is not open to the revenue authorities to keep the petitioners' application pending owing to a lapse having been committed in preparation of the on-line format. Be it noted that the Act

of 1971 and the Rules of 1989 both speak of intimation being given for mutation on the strength of a partition also. The Writ Petition is accordingly disposed of permitting the petitioners to file their individual applications in Form VI (A) along with the requisite fee and necessary documents to the Tahsildar, Kulkacherla Mandal, Vikarabad District, manually. In the event such applications are filed, the Tahsildar, Kulkacherla Mandal, Vikarabad District, shall take appropriate action thereon in accordance with law expeditiously and in any event, not later than eight weeks from the date of receipt of such applications.

Pending miscellaneous applications, if any, in this Writ Petition shall stand closed.

----------------------- SANJAY KUMAR, J.

Dt: 19.06.2019 Kvsn