K.Sudheer Kumar v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

K.Sudheer Kumar, s/o. Chakrapani, Aged about 39 years, Occu: Agriculture, r/o. M.Turkapalli village & Mandal, Yadadri Bhongir district.

.....Petitioner And The State of Telangana, rep.by Prl.Secretary, Home Department, Secretary, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

On 06.07.2019, Tahsildar issued notice directing the petitioner to appear before him on 20.07.2019. Reading of the notice would show that application to mutate their names in the revenue records is filed by respondents 5 to 7 on 18.06.2019 in respect of land to an extent of Ac.9.00 guntas of Mulakalapalli village. In response to the said request, said notice was issued. 2.

Telangana Record of Rights in Land and Pattadar Passbooks Act, 1971 deals with various aspects of mutation and for issuance of pattadar passbooks and title deeds concerning agricultural land. A person can seek for mutation of his name in the revenue records with supporting documents. Whenever such application is made, the Tahsildar has to enquire into the claim, decide the genuineness of the claim, and take further appropriate action. 3.

Since application is made praying that they are the owners of land and their names should be mutated in the revenue records and they are in possession, having regard to the fact that petitioner name was found in the revenue records, notice was issued. 4.

As Tahsildar is competent to enquire into the request made to mutate the name of persons in the revenue records, in exercise of such power, said notice was issued. Without filing explanation/ raising objections, petitioner cannot come to this Court and challenge the said notice by raising plea on merits with reference to his entitlement to the property. These are all matters for consideration by the Tahsildar. Thus, leaving it open to petitioner

to raise all pleas as available in law before the Tahsildar and also it is open to him to request to supply all the material documents for effective defense of his claim, Writ Petition is dismissed. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Note: Issue CC in two days.

(b/o.) kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm