Kodiyalam Narasimha Chary v. The Tahsildar

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 18517 of 2018 ORDER:

1) Heard learned counsel for the petitioners, Government Pleader for Revenue (TG) and the Government Pleader for Endowments (TG). With consent of both the parties, the present writ petition is disposed of at the admission stage itself.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the first respondent in not issuing pattadar pass books and title deeds in favour of the petitioners, pertaining to the lands admeasuring Ac.2.14 gts., in Sy.No.71, Ac.1.16 gts., in Sy.No.72, Ac.5.06 gts., in Sy.No.81 and Ac.10.07 gts., in Sy.No.83 in favour of the first petitioner and the lands admeasuring Ac.2.14 gts., in Sy.No.71, Ac.1.16 gts., in Sy.No.72, Ac.5.06 gts., in Sy.No.81 and Ac.10.07 gts., in Sy.No.83 in favour of the second petitioner, situated at Tulekurd Vilage, Yacharam Mandal, basing on a letter issued by the fourth respondent, as illegal and arbitrary. 3) The averments in the affidavit filed in support of the writ petition would show that the petitioners are the absolute owners of the lands referred to above and they have

been granted Occupancy Rights Certificate under the Inams Abolition Act vide Proceedings No.H/ 1900/ 86, dated 27.03.1986. Consequently, the Mandal Revenue Officer, Yacharam Mandal also issued mutation proceedings vide Rc.No.A24/ 1225/ 88, dated 16.05.1989 and the petitioners are cultivating the said land by raising dry crops like maize and bajra. The Revenue Authorities also issued pattadar pass books and title deeds in favour of the petitioners and some part of land was also alienated by the petitioners. While things stood thus, the fourth respondent addressed a letter to the Tahsildar on 27.09.2017 requesting him to issue pattadar pass books in the name of Venugopala Swamy Temple. In pursuance of the letter written by fourth respondent, notices were issued to the petitioners inviting their objections, to which both of them submitted their objections, giving details as to how they acquired their right. It is said that no orders are passed on the reply given by the petitioners to the notice.

4) Learned Government Pleader for Revenue and learned Government Pleader for Endowments submit that if reasonable time ie. at least eight weeks is given, the Revenue Authorities would definitely pass orders.

5) Having regard to the above representation, the writ petition is disposed of directing the first respondent to pass orders in accordance with law to the explanations dated 19.09.2017 given by the petitioners pursuant to the notices, issued by the first respondent, as early as possible, preferably, within a period of eight (08) weeks from the date of receipt of a copy of the order, after hearing all the concerned including the petitioners.

6) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 28.08.2018 gkv