Smt. Ranga Saroja v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33914 OF 2017 Dated:12.10.2017 Between:

Smt. Ranga Saroja, W/o. Sattaiah, Aged about 62 years, Occ: Housewife, R/o.H.No.12-5-59, Kanakadurga Apartments, Batukamma Kunta, Vijayapuri Colony, Tarnaka, Secunderabad and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.33914 OF 2017 ORDER:

Heard.

2.

Petitioners allege that they are the daughters of late Sattaiah. According to them, their father acquired different extents of lands in various survey numbers as mentioned in paragraph No.3 of the affidavit filed in support of the Writ Petition. After death of their father, the petitioners obtained Family Member Certificate and requested their mother to partition the said lands. As partition was not done, the petitioners instituted O.S.No.130 of 2016 on the file of V Additional District Judge, Bhongir. A preliminary decree was passed on 03.03.2017 allotting 1/4th share to each of the petitioners and 1/4th share to their mother. Praying to correct the revenue records duly taking note of the preliminary decree, petitioners submitted representation dated 02.08.2017. Alleging inaction on the said representation, this Writ Petition is filed.

3.

In the above factual background, learned Government Pleader for Revenue submits that since only preliminary decree was passed, the Tahsildar has not undertaken the exercise as requested by the petitioners, and he is awaiting the final decree proceedings and soon after final decree is passed, appropriate steps will be taken.

4.

Admittedly, it is not in dispute that so far no final decree is passed. The representation was filed by the petitioners only on 02.08.2017. Thus, it cannot be said that the action of the

Tahsildar in not acting on the representation does amount to deliberate and willful inaction warranting interference at this stage. 5.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies after obtaining final decree and accordingly request for mutation of their names in the revenue records. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:12.10.2017 KH