B.Narsing Rao, Secunderabad. v. The Dist.Collector, Hyderabad And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No. 21575 of 2007 ORDER:

This writ petition is filed, under Article 226 of the Constitution of India, by the petitioner seeking a writ of mandamus to direct the respondents to correct the revenue records to an extent of Acs.3.04 guntas in Survey No.537 situated at Alwal Village, Malkajgiri Tahsil, R.R. District, in the name of the petitioner, by deleting the word "Kharij Khata" as per the judgment and decree in Appeal No.1277 of 1994 dated 25.03.1996 passed by this Court, by duly considering the applications dated 29.11.2003 and 18.08.2007. 2.

Heard Mr. E. Madan Mohan Rao, learned counsel for the petitioner, and the Government Pleader for Revenue (Telangana) appearing for the respondents.

3.

It has been submitted by the learned counsel for the petitioner that the petitioner is the absolute owner and possessor of land admeasuring Acs.3.04 guntas in Survey No.537 (Old Survey No.331) situated at Alwal Village, Malkajgiri Tahsil, R.R. District. The father of the petitioner requested the Bhoodan authorities to take his land at Alipur village in exchange of the present land. The Bhoodan authorities had accepted the said proposal and granted patta in favour of the father of the petitioner and the petitioner has been in possession and enjoyment of the property by succession. While so, in the pahanis, the land was shown as "Kharij Khata" and the Government

was claiming the said land, the petitioner filed O.S.No.62 of 1984 on the file of the Principal Subordinate Judge, Ranga Reddy District which was renumbered as O.S.No.19 of 1993 on the file of the District Judge, Ranga Reddy District. The said suit was dismissed on 07.04.1994, against which, the petitioner had preferred appeal No.1277 of 1994 before this Court and this Court vide judgment dated 25.03.1996 allowed the appeal declaring the petitioner herein as owner of the land. Thereafter, the petitioner submitted representations to the authorities on 29.11.2003 and 18.08.2007 requesting to correct the pahanis and incorporate his name as pattadar in terms of judgment dated 25.03.1996 rendered by this Court in appeal No.1277 of 1994 and in accordance with Section 8(2) of A.P. Rights in Land and Pattadar Passbooks Act, 1971, but so far, the respondents have not passed any orders.

4.

Learned Government Pleader for Revenue appearing for the respondents submits that the writ petition may be disposed of by directing the respondents to pass orders on the representations submitted by the petitioners, in accordance with law. 5.

Having considered the submissions made by the parties, the writ petition is disposed of with a direction to the respondents to pass orders on the representations dated 29.11.2003 and 18.08.2007 made by the petitioner for correction of entries in the pahanis, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

Consequently, miscellaneous petitions if any pending in the writ petition shall stand closed. No order as to costs. ______________________________ ABHINAND KUMAR SHAVILI, J 14th March, 2018 cbs

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No. 21575 of 2007 (disposed of) 14th March, 2018 cbs