Khaja Habeeb Ur Rahman v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 19997 OF 2020 Between:

Habeeb Ur Rahman, S/o. Khaja Sherief, Aged about 62 years, Occ.Business, No.10-3-67/1/g,NewStreet,Humayannagar,Hyderabad ...pETlTlONER AND Khaia Rio.H The State of Telangana, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

The Districi Cirllector, Ranga Reddy District at Lakidikapool, !V!egU99 The Revenue Divisional Officer, Ch-evella Revenue Division, R.R. District fne finsitaar, IVandal Revenue Office, Chevella Mandal, Ranga-Rediy.D. istrig!^ .,.RESPONDENTS 1.

2.

3.

4.

Petition under Article 226 o1 the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of wRlT oF IVANDAIUUS to declare the action of the Respondents in not issuing the e-pass books against the land of the Petitioner in Sy.No. 185 to an extent of Ac.01.39 gts.

, situated at Nrludimala Village, chevella Mandal, Ranga Reddy District though the mutation proceedings were issued in favour of the Petitioner as illegal, arbitrary and null and void and consequently direct the Respondents to issue e-pass books in favour of the Petitioner A NO: 1 OF 2020 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to d_irect the Respondents to consider the representation of the Petitioner daled 2911012019 and 04/i 1l2Oi9 for issuing e-pass book in respect of the lands in Sy.No l85 to an extent of Ac.01.39 gts., situated at Mudimala village, chevella lvandal, Ranga Reddy District, pending finalization of the writ petition Counsel for the Petitioner: SRI J.

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER WRIT PETITION No.19997 oF 2020 ORDER:

This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner, wherein the following prayer is made:

"... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the Respondents in not issuing the e-pass books against the land of the Petitioner in Sy.No.185 to an extent of Ac,01.39 gts., situated at Mudimala Village, Chevella 14andal, Ranga Reddy District though the mutation proceedings were issued in favour of the Petitioner as illegal, arbitrary and null and vold and consequently direct the Respondents to issue e-pass books in favour of the Petitioner and pass such other order or orders ...."

2.

Heard the learned counsel for both sides and perused the record.

3.

Learned counsel for the petitioner would submit that the petitioner purchased lands admeasuring Ac.0-08 gts. and Ac.1-31 gts. in Survey No.185 situated at Mudimala Village, Chevella Mandal, Ranga Reddy District, by way of registered Sale Deeds, dated 06.01.2018, from its lawful owners. Thereafter, the petitioner made an application under Section 4 (1) of the Rights in Land and Pattadar Pass Books Act, 1971, before respondent No.4-Thasildar, Chevella Mandal. Pursuant to the same, mutation proceedings, dated 30.05.2018, were issued in favour of the petitioner and his name was also entered in 1-B pahani. Thereafter, the petitioner made representations, dated

Dr.SA.J W.P.No.l9997 o12020 29.L0.2079 and 04,11.2019, before respondent No.3-Revenue Divisional Officer, ihevella Revenue Division, Ranga Reddy District, seeking to issue pattadar pass book and title deeds in respect of the subject land, but till date, no action has been taken on the said representations and ultimately, prayed to grant the relief sought for in this Writ Petition, as indicated a bove.

4, There is no much contest by the learned Assistant Government Pleader for Revenue with regard to the submissions made on behalf of the petitioner.

5. There is no dispute with regard to the filing of representations, dated 29.10.2019 and 04.11.2019, by the petitioner. Admittedly, no action has been taken on the said representations so Far. Much time has been elapsed. By this time, the respondent authorities ought to have disposed of the sa id re p rese ntations.

6.

Under these circumstances, respondent No.2-District Collector, Ranga Reddy District; respondent No.3-Revenue Divisional Offlcer, Chevella Revenue Division, Ranga Reddy District and respondent No.4-Tahsildar, Chevella Mandal, Ranga Reddy District, are directed to examine and dispose of the representations, dated 29.10.2019 and 04.11.2019, submitted by the petitioner, in accordance with law, within a period of two (2) months from the date of receipt of a copy of this order.

Ilr.SA.J W.P.No Ir)997 o1 2020 7.

With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed, SD/. R.KARTHIKEYAN ASSISTANT REGIST R //TRUE COPY// SECTION OFFICER To

1. The District Collector, Ranga Reddy District at Lakidikapool, Hyderabad.

2. The Revenue Divisional Officer, Chevella Revenue Division, R.R. District.

3. The Tahsildar, Ivlandal Revenue Office, Chevella Mandal, Ranga Reddy District.

4. One CC to Sri J.Kanakaiah, Advocate [OPUC] 5, Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies Kj -F-

HIGH COURT DATED:31 11212020 ( t\ \ t\E S r,q r€ d tz JPN2o21 I il) Erli::A,TC '/

ORDER

WP.No.19997 ot 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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