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High Court for State of TelanganaWP/18367/2019disposed of no costs

Boya Lakshmamma v. State Of Telangana

2019-08-29Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 18367 of 2019 O R D E R:

In this writ petition, petitioner asserts that respondent No.5, who is her son, got his name included in the revenue records and obtained pattadar pass books and title deeds without her knowledge in 1999 with respect to the land admeasuring Acs.5.22 guntas situated at Alampur Village and Mandal, Gadwal District and thereafter, gifted the said property in favour of her wife. In the circumstances, she seeks a mandamus directing respondent Nos.2 to 4 to cancel the pattadar pass books and title deeds issued in favour of respondent No.5, restore her name in the revenue records and issue necessary documentation for the same. Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent Nos.1 to 4.

As per the writ averments, the changes in the revenue records were effected in 1999. It may be noted that the Mandal Revenue Officer or the Revenue Divisional Officer has no jurisdiction to alter the entries in the revenue records in terms of Section 3 (3) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971. In view of the same, no mandamus can be issued to respondent No.3 with respect to the relief sought by the petitioner. However, the petitioner may avail the remedy of revision under Section 9 of the Act by approaching the Joint Collector by making an application in

the prescribed format in terms of the Act and the Rules made thereunder. As and when such application is filed, the Joint Collector shall consider the same in accordance with law. With the above observations, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:29.08.2019 kdl