Adla Appaiah v. The State Of Telangana Rep By The Principal Secretary,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.3941 of 2017 ORDER:

The grievance of the petitioner is that the Tahsildar, Mahabubabad Mandal, Mahabubabad District, is not effecting mutation in his favour in relation to the land admeasuring Ac.0.32 guntas in Survey No.307/1 of Mahabubabad Village and Mandal, Mahabubabad District, despite submission of an application in Form VI(A) pursuant to the order dated 19.02.2013 in W.P.No.4905 of 2013.

Perusal of the record reflects that by the order dated 19.02.2013, W.P.No.4905 of 2013 was disposed of permitting the petitioner to submit an application in the prescribed form for seeking mutation and in the event such an application was filed, the authority concerned was directed to consider the same and pass orders within a time frame. It appears that CC(SR) No.6764 of 216 was filed by the petitioner alleging disobedience to the aforestated order but by order dated 25.11.2016, the said contempt case was dismissed at the numbering stage on the ground of limitation. Further, the record reflects that pursuant to the aforestated order in W.P.No.4905 of 2013, the petitioner submitted an application in Form VI(A) to the Revenue Divisional Officer, Mahabubabad Division, Mahabubabad District.

Section 4 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 read with Rule 18 of the Telangana Rights in Land and Pattadar Pass Books Rules, 1989, requires an application in Form VI(A) to be submitted to the recording authority, viz., the Tahsildar concerned. Therefore, the earlier application was not submitted to the proper authority.

The Writ Petition is accordingly disposed of leaving it open to the petitioner to submit an application online in the prescribed format in Form VI(A) along with the requisite fee and necessary documents to the Tahsildar, Mahabubabad Mandal, Mahabubabad District. In the event such an application is filed, the Tahsildar concerned shall consider the same on its own merits and take appropriate action thereon in accordance with law expeditiously and in any event, not later than four weeks from the date of receipt of such application.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:19.06.2019 GJ