Smt. Choti Bee, v. The State Of Telangana Represented By Its Principal

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 295 of 2015 DATE: 23.01.2015 Between:

Smt. Choti Bee .. Petitioner And

1. The State of Telangana

2. The Collector

3. The Revenue Divisional Officer

4. The Tahsildar .. Respondents

O R D E R:- The petitioner claims to be the absolute owner and possessor of an agriculture land in an extent of Ac.2.15 guntas in Sy.No.194/AA situated in Nyalata village, Chevella Mandal, Ranga Reddy District having acquired the same from her husband under Registered Gift Settlement Deed dated 22.07.1987, who in turn purchased it from the original pattadars namely P.China Buchaiah and P.Venkataiah. While so, it is stated that the petitioner made an application dated 10.06.1987 through her husband for mutation of her name in the revenue records. As no objections were received, the Mandal Revenue Inspector, vide proceedings in File No.B/2197/1987, dated 28.07.

1987, conducted panchanama and recommended the petitioner's name to be mutated in the revenue records, and consequently, her name was recorded in the possession column along with her husband's name, but pattadar passbook and title deed have not been issued to her. On enquiry, it was found that mutation proceedings dated 28.07.1987 standing in her name were not implemented in the Record of Rights. Therefore, the petitioner submitted a representation dated 25.09.

of the mutation proceedings. Hence, the present writ petition is filed seeking appropriate directions.

The procedure for seeking mutation of names in the revenue records and grant of pattas for successors in interest is governed by Sections 4 and 5 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 Act (for brevity "the Act") read with Rules made thereunder.

In terms of the procedure prescribed, the interested party shall make an application in Form VI-A intimating the acquisition of rights in terms of Section 4 of the Act read with Rule 18 of the Rules. On submission of such application in the prescribed Form, the matter shall be enquired into and thereafter necessary orders would be passed by the competent authority.

The petitioner does not state anywhere in the affidavit that necessary application in the prescribed form has been made before the competent authority.

In such circumstances, the writ petition is disposed of giving liberty to the petitioner, if she is so advised, to approach the competent authority i.e. the 4th respondent-Tahsildar to file an application in the prescribed form along with necessary enclosures and seek mutation of her name in the revenue records in accordance with law. As and when such application is filed, the authorities shall dispose of the same after due enquiry and after issuance of notice to the parties concerned. Such exercise shall be completed within a period of three months from the date of filing such application by the petitioner. 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 23.01.2015 bcj