Chigurla Raju v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16454 OF 2019 Date: 05.08.2019 Between:

Chigurla Raju S/o.Raja Komuraiah, Aged about 42 yrs, Occu : Business, R/o.H.No.8-6-593, Bhagathsingh Nagar, 5th Incline Area, Godavarikhani, Peddapalli District.

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

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.16454 OF 2019 ORDER :

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

Petitioner claims to be the absolute owner and in possession of land to an extent of Ac.9.13 guntas in Sy.No.54 of Lemur Shivar, Venkatapur Gram Panchayat, Mandamarri Mandal, Mancherial District. He claimed to have purchased the said property through an agreement of sale, dated 29.11.2011. Petitioner claimed to have filed O.S.No.37 of 2013 in the Court of Principal Senior Civil Judge, Mancherial against his vendor Kotham Rajamallu and C.Tirupathi for specific performance of agreement of sale and to declare the registered sale deed of the year 2013 as null and void. 3.

According to learned counsel for the petitioner, the trial Court rendered judgment on 13.02.2017 granting the decree prayed by the petitioner. Later, petitioner filed E.P.No.64 of 2017 for enforcement of the decree and as per the directions of the trial Court, the sale deed was registered on 09.03.2018. Thereafter, petitioner applied for mutation of his name in the revenue records. Alleging that the mutation proceedings are not taken up, this writ petition is filed.

4.

However, the material on record would disclose that application for mutation of name of petitioner was made on 28.06.2019 in physical form. But no such application was made in the prescribed form through online web portal. Therefore, it cannot be said that the Tahsildar was negligent in acting upon the

request of the petitioner for mutation of his name in the revenue records.

5.

Having regard to the same, this Court is not inclined to grant the relief prayed by the petitioner. Therefore, petitioner is granted liberty to make application in prescribed form through online web portal. On filing such application, the Tahsildar, Mandamarri Mandal, Mancherial District, shall consider the same by following the procedure as envisaged in Telangana Rights in Land and Pattadar Pass Books Act, 1971 read with the Rules made there under. It is needless to observe that the Tahsildar shall follow due procedure, call for objections from the persons whose names are mutated in the revenue records on the subject property and only after following due procedure, he shall undertake the exercise of mutation of name of the petitioner, if such claim is valid. 6.

With the above directions, the Writ Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 5th August, 2019 Rds