B.Kutumba Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.11106 OF 2018 Dated:04.04.2018 Between:

B. Kutumba Rao, S/o. Dr. B. Gopal Rao, Aged 64 years, Occ: Business, R/o. 6-1-191/1, Padmarao Nagar, Secunderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.11106 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

Petitioner claims to be the absolute owner and possessor of agricultural lands to an extent of Acs.5.00 in Survey No.340/47, Ac.1.20 guntas in Survey No.340/29 and Ac.1.00 in Survey No.340/30 of Tunki Bollaram Village, Mulugu Mandal, Siddipet District. He was issued pattadar passbook and title deeds. As there was threat of dispossession, he instituted O.S.No.155 of 2006 on the file of Senior Civil Judge, Siddipet, and the said suit was decreed in his favour. However, entries were altered in the revenue records contrary to the decree granted in favour of the petitioner. Therefore, he made application dated 09.10.2017 to rectify the mistakes in the revenue records. He made a further representation dated 06.03.2018 seeking the same relief. Alleging inaction on the said representations, this Writ Petition is filed. 3.

Learned Assistant Government Pleader for Revenue points out that even if Section 3(3) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 is attracted, an application has to be made within one year for rectification of the entries. It appears, petitioner has not made any such application within one year.

4.

Learned counsel for the petitioner would submit that application was made within one year from the date of alteration of the revenue records.

5.

The Court is not expressing any opinion on the rival claims, in view of the order now proposed. Since applications are already made by the petitioner, the Tahsildar, Mulugu Mandal, Siddipet District, is directed to examine the request of the petitioner as ventilated in his applications/representations dated 09.10.2017 and 06.03.2018 on all aspects and pass appropriate orders as warranted by law and communicate the decision to the petitioner as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 6.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:04.04.2018 KH