Smt.Nusrath Sultana v. The State Of Telangana

Date : 19.7.2019 Between:

Petitioner And Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Revenue.

2.

Petitioner challenges notice issued on 10.7.2019 by the Tahsildar/4th respondent calling upon the petitioner to attend to enquiry scheduled to be held on 23.7.2019 at 11.00 a.m. 3.

Reading of the notice would show that application was made by one Smt Saida Begum claiming to be wife of Shaik Usman to mutate her name in the revenue records to an extent of Ac.5.00 in Survey No. 206/11, Yellapur village, Ibrahimpatnam, Karimnagar district. It appears her husband was ex-serviceman and above land was allotted to him. 4.

Learned counsel for petitioner sought to contend that petitioner is owner of the land and is in occupation and enjoyment and revenue record would reflect ownership of the claim of the petitioner. 5.

It is not in dispute that application has been made for mutation. The provision for mutation is governed by Telangana Rights in Land and Pattadar Pass Books Act, 1971. In terms thereof, whenever application is made, the Tahsildar has to conduct enquiry and decide the matter. If what is stated in the affidavit filed in support of the writ petition and as contended by the learned counsel for petitioner is true, it is always open to the petitioner to file objections before the Tahsildar and enlighten him on the alleged false claim of person who stated to have made application for mutation.

6.

Having regard to the fact that Tahsildar-4th respondent is competent to issue such notice when application for mutation is made, Court is not inclined to entertain the writ petition. Accordingly, writ petition is dismissed leaving it open to the petitioner to file objections before the Tahsildar and if any such objections are filed, Tahsildar -4th respondent is directed to consider the same before taking decision in the matter in accordance with law. Miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE:19-7-2019 TVK

Date : 19.7.2019