Dharavath Kamli v. The State Of Telangana, And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY PRESENT THE HON,BLE DT. JUSTICE SHAMEEM AKTHER wRtT PET|T|ON NO. 14008 0F 2019 Between:
Dharavath Kamli, W/o. Dharavath Ramji, Aged about 60 years, housewife, Resident of H. No. 4-77, Aliya Thanda, Usirikayalapally Gram Panchayat, Singareni Mandal, Khammam District.
...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Khammam, Khammam District.
3. The Revenue Divisional Officer, Khammam, Khammam District.
4. The Tahsildar, Singareni Mandal, Khammam District. ,..RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit 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 declaring the inaction of the 4rh respondent in not disposing the petitioner Application No. ROS02'1600366661, dated 10.06,2016 as illegal and arbitrary and consequently direct the 4th respondent to enquire and dispose of the petitioner Application No. ROS021600366661 dated 10.06.2016. lA NO: 1 OF 2019 Petition under Section 'l 51 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 4rh respondent to enquire and dispose the petitioner Application No. ROS021600366661 dated 10.06.2016, pending disposal of the above writ petition. Counsel for the Petitioner: SRI R. R. KALYAN Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.14OO8 OF 2019 ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made:
"... to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the 4th respondent in not disposing the petitioner Application No.ROS021600366661 dated 10/06/2016 as illegal and arbitrary and consequently direct the 4th respondent to enquire and dispose of the petitioner Application No.ROS021600366661 dated 1010612016 and to pass such other order or orders ..."
2.
Heard the learned counsel for both sides and perused the record.
3.
Learned counsel for the petitioner would submit that the petitloner purchased an extent of Ac.10-00 of land in Survey No.54B/75/2/1 situated at Usirikayalapally Revenue Village, Singareni Mandal, Khammam District, through Sale Deeds, dated 06.01.2004 and 07.02.2004, from one Smt.Nanda Lakshmamma. The subject property is located in a notified Scheduled Area. The petitioner made an online application, dated 10.06.2016, seeking to regularize the aforesaid Sale Deeds and mutate the name of the petitioner in the revenue records in respect of the subject property. But, till date, no action has been taken on the said application and ultimately, prayed to grant the relief sought in this Writ Petition, as indicated above.
4.
Learned Assistant Government Pleader for Revenue did not deny with regard to the petitioner filing online application, dated
Dr.SA.J w.P.No.14008 of 2019 10.06.2016, requesting to validate the simple Sale Deeds, dated 06.01.2004 and 07.02.2004, and pendency of the same. But, the learned Assistant Government Pleader would submit that there is no Government Order to regularize the simple Sale Deeds executed in respect of the lands situated in Agency Areas. 5.
As seen from the material placed on record and the submissions made, the online application, dated 10.06.2016, submitted by the petitioner, requesting to regularize the Sale Deeds, dated 06.01.2004 and 07.02.2004, is not yet disposed of. The limited request of the petitioner is to direct respondent No.4-Tahsildar, Singareni Mandal, Khammam District, to dispose oF the application, dated 10.06.2016, in accordance with law. In view of the facts and circumstances of the case, the request of the petitioner can be acceded to.
6.
Accordingly, respondent No.4-Tahsildar, Singareni Mandal, Khammam District, is directed to dispose of the online application, dated 10.06.2016, submitted by the petitioner, in accordance with law, within a period of three (3) months from the date oF receipt of a copy of this order.
7.
With the above direction/ the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
SDi.K.ONESIM ASSISTANT RE AR //TRUE COPY// SECTI N OFFICER To, '1 . The Tahsildar, Singareni Mandal, Khamma.mDistrict i. o"; ctio sri R. {. Katvan, Advocate [oPUC]
3. Two CCs to GP for R"i;;i';,-"tj'sh co''i ro' the State of Telangana at Hyderabad. [OUT]
4. Two CD CoPies.
MP
HIGH COURT DATED:3011112020 io t I)EC2U0 I * , (.<) ,a-rCri
ORDER
WP.No.14008 of 2019 DISPOSING OF THE WRIT PETITION WITHOUT COSTS