S.Shyam Prasad v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21078 OF 2019 Dated:20.11.2019 Between:

S. Shyam Prasad, S/o. Izak, Aged about 42 years and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, BRKR Building, Tank Bund Road, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21078 OF 2019 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 2.

In this Writ Petition, petitioners allege that they are in possession and enjoyment of agricultural land in different survey numbers of Laxmipuram Village, Kallur Mandal, Khammam District. They are eking out their livelihood by cultivating the said lands. They claim that after paying the sale consideration to the pattadars, they went before the Tahsildar, Kallur Mandal, the 4th respondent, requesting him to record their ownership claim in the revenue records and to grant other benefits flowing threfrom. In other words, petitioners are seeking to regularize the unregistered sale deeds and therefore seek indulgence of the 4th respondent to accept their request for regularization of the unregistered sale transactions, as they could not avail the benefit earlier. Along with the Writ Petition, petitioners enclosed a representation dated 25.08.

2019 submitted by the Samithi on their behalf to the District Collector, Khammam District, the 2nd respondent, informing him about the possession of lands by the respective petitioners; whose names are mentioned and the survey numbers in which the said extent of land is in their occupation and requested him to consider the application made by them in Form VI-A for mutation of their names in the revenue records. The copies of physical applications submitted in Form VI-A are enclosed to the Writ Petition material paper book.

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As noticed above, the claim of the petitioners in the Writ Petition is to grant regularization of the unregistered sale deeds. However, for regularizing the unregistered sale deeds, a prescribed procedure through online has to be followed. Apparently, the petitioners have not made applications in prescribed proforma, but only made representations to the Tahsildar enclosing the filled in applications in Form VI-A in physical form and they have not even applied through online. Hence, the request made by the petitioners is not valid in law and therefore, the relief sought in the Writ Petition cannot be granted.

4.

The Writ Petition is accordingly disposed of granting liberty to the petitioners to avail appropriate remedy in accordance with law without reference to the claim of purchase of land as mentioned in the Writ Petition. Pending miscellaneous petitions, if any, shall stand closed.

____________________ P.NAVEEN RAO, J Date:20.11.2019 KH