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High Court for State of TelanganaWP/10520/2018disposed of no costs

S.Aruna Devi, v. The State Of Telangana,

2019-02-07Sanjay Kumar2 pages

THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.10520 OF 2018

O R D E R

The grievance of the petitioner is that the Tahsildar, Mirdoddi Mandal, Siddipet District, is not mutating her name in the revenue records in relation to the land admeasuring Ac.6.20 guntas in Survey No.596 of Mirdoddi Village, Mirdoddi Mandal, Siddipet District. In the light of the order proposed to be passed by this Court without going into the merits of the matter, it is not necessary to put respondents 7 to 11 on notice or afford them an opportunity of hearing. It appears that the petitioner secured a perpetual injunction decree against the unofficial respondents herein vide judgment dated 12.06.2017 in O.S.No.5 of 2014 on the file of the learned Junior Civil Judge, Dubbak.

The learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that an appeal has been filed against the said judgment and decree but no interim order has been passed therein.

Be that as it may.

Perusal of the record reflects that the petitioner applied in the prescribed format for mutation by submitting an application in Form 6(A) along with the requisite fee. The online application submitted by the petitioner is dated 10.11.2017. Having received the said application and when there is no injunction restraining processing thereof, it is not open to the Tahsildar, Mirdoddi Mandal, Siddipet District, to keep such application pending indefinitely.

The writ petition is accordingly disposed of directing the Tahsildar, Mirdoddi Mandal, Siddipet District, to take appropriate action upon the petitioner's pending application expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order. It would be open to the Tahsildar, Mirdoddi Mandal, Siddipet District, to undertake the limited enquiry permissible under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 before taking further action.

Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

_______________ SANJAY KUMAR, J 7th FEBRUARY, 2019 Svv