Bollu Achamma And 4 Others v. The State Of Telangana And 2 Others

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.17940 OF 2019 Date:21.08.2019 Between:

Bollu Achamma W/o.Jangaiah, Age : 80 yrs, Occu : Housewife and Agriculture, R/o.Mudwin Village, Kadthal Mandal, Ranga Reddy District & others.

.....Petitioner And The State of Telangana, Rep., by Principal Secretary, Revenue Department, Secretariat, Hyderabad & another.

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

- 2 - HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO. 17940 OF 2019 ORDER:

Heard learned counsel for petitioners and learned Government Pleader for respondents.

2.

Petitioners Challenge the endorsement issued on 21.07.2019. A reading of the endorsement would show that the application submitted by petitioners to change the mutation proceedings was rejected on the ground that the actual extent of land in Sy.No.363 was only Ac.29.34 guntas and lavoni pattas were granted in the year 1978-79 to 17 persons but subsequently, the extent of land in the said survey number is shown as Ac.35.08 guntas increasing by Ac.5-14 guntas and in the rest of the extent of land name of petitioners is shown against possessory column. 3.

Unless the observations of Tahsildar are proved to be wrong by showing existence of sufficient land as claimed by petitioners, on field in the said survey number, the rejection of request cannot be faulted. If there is no Government land, available, more than the land on which lavoni pattas were already granted to others, petitioners cannot stake claim to grant pattas as if they have a vested right to the land claimed by them, though physically there is no land.

4.

At this stage, learned counsel for the petitioners submits that petitioners have already applied for conducting of survey. That being so, granting liberty to petitioners to pursue the issue of conducting of survey and if it is found that more than Ac.29.34 guntas of land is available in Sy.No.363 as belonging to

- 3 - Government, they can request the Tahsildar to re-consider his earlier decision, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO,J 21st August, 2019 Rds