Vemula Venkatesh v. The State Of Telangana,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 1395 of 2015 DATE: 12.02.2015 Between:

Vemula Venkatesh and another .. Petitioners And

1. The State of Telangana

2. The Revenue Divisional Officer

3. The Tahsildar

4. Smt. Khateeza Begum .. Respondents

O R D E R:- The petitioners claim to be absolute owners and possessors of an agricultural land in Sy.No.192 admeasuring Ac.5.00 cents situated in Dontanpally village, Shankerpally Mandal, Ranga Reddy District having purchased the same from Sri Bheemaiah and others under a registered sale deed dated 10.12.2008. Thereafter, the petitioners, based on the sale deed, made an application to the 3rd respondent - Tahsildar requesting him for mutation of their names in the revenue records and issuance of pattadar passbooks and title deeds in their favour and the Tahsildar issued a Memo dated 03.03.2010 directing the petitioners to approach the appellate authority as the land had already been mutated in the name of the 4th respondent, who is said to have purchased the land from one Ramchandra Reddy.

Challenging the same, the petitioners preferred an appeal before the 2nd respondent - Revenue Divisional Officer, and the competent authority, by order dated 28.05.2011, after conducting an enquiry, allowed the appeal directing the 3rd respondent to mutate the land only in the name of the petitioners. Pursuant to the orders of the 2nd respondent, the petitioners made representations, the latest being dated 16.11.2014 requesting the 3rd respondent to effect mutation of their names in the revenue records.

the appellate authority, the 3rd respondent has neither passed any orders on their representation nor chose to effect mutation of the petitioners' names in the revenue records. Hence, the present writ petition is filed seeking appropriate directions. The learned Government Pleader for Revenue appearing for respondent Nos.1 to 3, on instructions, submits that the 3rd respondent has already taken up the matter and as the subject land has been transferred in the names of many persons over a period of time, statutory notices under Section 6/1 of A.P. Rights in Land & Pattadar Passbook Rules, 1989 have been issued to the persons concerned to attend denova enquiry schedule to be held on 21.02.2015.

In view of the submission made by the learned Government Pleader for Revenue that the matter has already been taken up by the 3rd respondent and the same is under consideration, this Court, without expressing any opinion on the merits of the case, deems it appropriate to dispose of the writ petition with the following directions:

"The 3rd respondent - Tahsildar is directed to complete the de nova enquiry in respect of the claim made by the petitioners and pass appropriate final orders in accordance with law, within a period of four months from today without fail."

With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to the disposal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________________ CHALLA KODANDA RAM, J 12.02.2015

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