← Library
High Court for State of TelanganaWP/38260/2016disposed of no costs

B. Pentaiah, v. The State Of Telangana,

2016-11-08C.Praveen Kumar3 pages

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 38260 of 2016 ORDER:

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

2.

With the consent of both the parties, the Writ Petition is disposed of at the admission stage.

3.

The present Writ Petition came to be filed with the following prayer:

'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the inaction of the respondents in considering the application dated 11.04.2016 made by the petitioner seeking mutation of his name in revenue records in respect of land admeasuring Acs.3.00 guntas in Survey No.314/ B, Dammanapet Village, Gambhiraopet Mandal, Rajanna Siricilla (Karimnagar) District, as illegal and arbitrary'.

4.

The material placed before the Court would show that the petitioner made an application on 11.04.2016 seeking mutation of his name in the revenue records. Pursuant to the said application, proceedings No.B/ 499/ 2016, dated 29.04.2016, vide Form-8 as required under Section 5(3) of A.P.Rights in Land and Pattadar Passbooks Act, came to be issued calling for objections from the

interested persons, within 45 days from the date of notice. Thereafter, a panchanama was conducted by the MRO after inspecting the land in dispute and the statement of one B.Venkatamma and 4 others were recorded who gave no objection for effecting mutation of the name of the petitioner in respect of the said land. Subsequently, the Deputy Tahsildar submitted a report recommending mutation of the name of the petitioner as there was no objection for effecting mutation. The inaction of respondent No.4 made the petitioner to give a representation on 02.08.2016. Inspite of the said representation respondent No.4 failed to mutate the name of the petitioner which lead to making of a representation dated 07.09.2016 to respondent Nos.2 and 3. Inspite of the same, there is no action from the respondents and hence the present petition came to be filed.

5.

Learned Government Pleader for Revenue, on instructions, submits that a direction may be given to respondent No.4 to pass appropriate orders, having regard to the report and recommendation made by the Deputy Tahsildar.

6.

In view of the above, the writ petition is disposed of directing respondent No.4 to take appropriate steps for mutating the name of the petitioner in revenue records basing on the report and recommendations made by the Deputy Tahsildar, in accordance with law, as early as possible, preferably within a period of four weeks.

7.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. ______________________ JUSTICE C.PRAVEEN KUMAR 08.11.2016, vhb