Danda Venkateswar Reddy v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 13643 OF 2020 Between:

Danda Venkateswar Reddy, S/o Pitchi Reddy, Age 45 Years, Occ: Service, R/o Dubbaka Village, Ramannapet Mandal, Yadadri Bhongir District, TS. ...PETITIONER ANO

1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department. Secretariat, Saifabad, Hyderabad, T.S.

2. Revenue Divisional Officer, Choutuppal, Yadadri Bhongir District, TS.

3. Tahshildar, Ramnaapet Mandal, Yadadri Bhongir District, TS.

4. Danda Pitchi Reddy, S/o Late Veera Reddy, Age. 82 years, Occ: Retired Teacher, R/o Dubbaka Village, Ramannapet f\/andal, Yadadri Bhongir District, TS.

...RESPONDENTS Petition under Adicle 226 of lhe Constitution of lndia praying that in the circumstances stated in the affjdavit 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 declare the action of the 3'd & 2nd Respondent is illegal, arbitrary, contrary for not consider the representation filed by the Petitioner on 08.05.2020 and 30.06.2020 and consequently direct the 3'd & 2nd Respondent regularize the un registered document Dt. 1 8.05.2020.

lA NO: 1 OF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'd & 2nd Respondents to consider the representation filed by the Petitioner on 08.05.2020 and 30.06.2020.

Counsel for the Petitioner: SRl. MULLANGI RAMI REDDY Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: NONE APPEARED The Court made the following: ORDER

-7--r +i THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.13643 of 2O2O ORDER:

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

This writ petition is filed questioning the action of respondent Nos.2 and 3 in not considering the representations submitted by the petitioner on 08.06.2020 and 30.06.2O2O. The learned Government Pleader has stated that the petitioner is seeking mutation of an unregistered gift settlement deed, and he has only given the representations, but, as a matter of fact, as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197 1, (in short 'ROR Act'), the petitioner has to file an application under Section .5-A of the ROR Act in the prescribed form seeking regularisation of the unregistered gift deed in his favour.

The learned counsel for the petitioner has stated that his client will file the necessary application if some time is granted and a direction may be given to the official respondents to dispose of the same by fixing a time-frame.

In view of the above submissions made by the learned counsel for the petitioner and the learned Government Pleader, the Writ Petition is disposed of with their consent directing the petitioner to file an application under Section 5-A of the ROR Act, in the prescribed form, before the concerned Tahsildar, within a period of two weeks from the date of receipt of a copy of this order. On such application being filed, the Tahsildar is directed to dispose of the same, strictly in accordance with the provisions of the ROR

Act, as expeditiously as possible, preferably within a period of three months from the date of receipt of that application. It is needless to mention that before passing any order, the Tahsildar shall put the petitioner and any other interested parties on notice, and afford them an opportunity of hearing. A copy of the order passed by the Tahsildar will be communicated to the party. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

SD/.CH.VENKATESWARU LU ASSISTANT REGISTRAR \r SECTIifr{ OFFICER To, i/TRUE COPY'

1. Tahshildar, Ramnaapet Mandal, Yadadri Bhongir District, T.S.

2. One CC to Sri It4ullangi Rami Reddy, Advocate [OPUC]

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

4. Two CD Copies CHR

HIGH COURT DATED:2610812020 $E STA IA e o OSSEP 7.

C] I

ORDER

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W.P.No.13643 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .5 '),n?p -