Kale Bikshapathi, v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 16.10.2019 Between:

Kale Bikshapathi s/o. K.Shiva Lingam, Aged about 61 years, Occu: Retd. Employee, r/o. H.No.11-91, BJR Nagar, Mirjalguda, under GHMC Malkajgiri Circle and Mandal, Medchal Malkajgiri district and another.

.....Petitioners and The State of Telangana, rep.by its Prl.Secretary, Revenue Department, Secretariat, CRK Bhavan, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

According to petitioners, their late father Kale Shiva Lingam was the owner and possessor of land to an extent of Ac.03.20 guntas in Sy.No.181/34/1 of Singaram village, Rajapet Mandal, Yadadri Bhongir district. After the death of their father, they succeeded the above extent of land. Though their father owned Ac.3.20 guntas, Ac.0.20 guntas was treated as dump-yard and to an extent of Ac.1.20 guntas each, the names of petitioners are mutated in the revenue records. 1-B Certificate was also issued and ROR reflects the names of petitioners. As per new policy issued by the Government, petitioners requested for issuance of new pattadar pass books. According to petitioners, though passbooks are already printed, they were not issued to them in spite of several requests made.

Petitioners also alleged that having regard to the attitude of the Tahsildar (4th respondent), they also went to the Revenue Divisional Officer and complained against the Tahsildar, but no action is taken. Though what is stated by the learned counsel for petitioners may be true, there is nothing on record to show that they made representation to the Tahsildar in writing and thereon, complained to the Revenue Divisional Officer against the Tahsildar (4th respondent). Thus, at this stage, this Court is not expressing any opinion on the allegation that 4th respondent is not releasing the pattadar pass books. Petitioners are granted liberty to file a detailed complaint against the Tahsildar before the Revenue Divisional Officer and ventilate their grievances as alleged in the writ affidavit.

Revenue Divisional Officer shall look into the grievance of petitioners and issue suitable instructions to the Tahsildar including directing him to intimate the reasons for not issuing pattadar pass books to the petitioners if Tahsildar is not convinced on the claim of petitioners. The entire exercise shall be completed within six weeks from the date of receipt of complaint from the petitioners. Writ Petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 16.10.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 16.10.2019 kkm