K.Ramulu v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12158 of 2019 ORDER:

The grievance of the petitioners is that the revenue authorities may effect mutation in favour of the unofficial respondent, in relation to the lands which are covered by the pattadar pass books issued to them, on the strength of a preliminary decree secured by her in a partition suit.

In the light of the order proposed to be passed by this Court, there is no necessity to put respondent No.5 on notice or afford her an opportunity of hearing at this stage.

Perusal of the record reflects that all the three petitioners were already issued new pattadar pass books in terms of the Government's policy in relation to the lands claimed by them. That being so, it would not be open to the Tahsildar, Narayankhed Mandal, Sanga Reddy District, to effect any amendments in the entries made in the revenue records in relation to the lands covered by the petitioners' pattadar pass books without putting them on notice, given the law laid down by the Full bench of the erstwhile Andhra Pradesh High Court in Chinnam Pandurangam vs.

The Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District 1, wherein it was held that unless notice is given to the person interested in the land in relation to which mutation is sought, the recording authority 1 2007 (6) ALT 134

SK, J WP.No.12158 of 2019 Dt:19.6.2019 cannot effect any changes in the revenue records. Making this position clear, the Writ Petition is disposed of directing the Tahsildar, Narayankhed Mandal, Sanga Reddy District, to abide by the due procedure laid down in Section 5(3) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, and the law laid down in Chinnam Pandurangam (supra). Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ________________________ JUSTICE SANJAY KUMAR 19th June, 2019 Dr