Sabera Begum v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23736 OF 2019 Dated:31.10.2019 Between:

Sabera Begum, W/o. Mahmood Ali, R/o. Kishanbagh, Hyderabad, Rep., by her GPA Syed Aleemuddin Quadri, S/o. Syed Moinuddin Quadri, R/o.H.No.17-1-30/116, Ramchander Nagar, Edi Bazar, Hyderabad .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23736 OF 2019 ORDER:

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

According to petitioner, her husband was assigned land to an extent of Acs.5.00 in Survey No.233 of Jalpally Village, Balapur Mandal, Ranga Reddy District. After death of her husband, proceedings dated 05.02.2002 were issued in the name of the petitioner. Petitioner now alleges that her name is deleted from the revenue records and new pattadar passbook is not issued to her even though she is in continuous possession.

3.

However, from a perusal of the representation addressed by the petitioner to the District Collector, Ranga Reddy District, it appears that the name of the petitioner was not mutated in the revenue records and seeks to mutate her name. If that is so, the question of issuing pattadar passbook does not arise. 4.

At this stage, learned Government Pleader sought to contend that as the petitioner alleges that mutation was granted earlier, but later the mutation proceedings were not carried out and in the revenue records, her name is deleted, it would be amounting to a decision already made by the Tahsildar and petitioner has to prefer appeal, but filing a fresh representation is not correct. 5.

The facts on record are not very clear with respect to mutation of the name of the petitioner. If mutation was already granted in favour of the petitioner and later her name is deleted

from the revenue records, she has to avail the remedy of appeal or revision, as the case may be. Further, if the mutation proceedings are not carried out, the petitioner has to follow the procedure as required in law i.e., she has to make an application in Form VI-A in prescribed proforma through online web portal. In the present case, petitioner has neither filed an appeal/revision nor an application in Form VI-A. Therefore, the relief as sought for by the petitioner cannot be granted.

6.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out her remedies on the issue of mutation/restoration of her name in the revenue records, if assignment earlier granted was not already cancelled.

Miscellaneous applications, if any, pending shall stand closed. ____________________ P.NAVEEN RAO, J Date:31.10.2019 KH