Mohammed Nizamuddin, v. The State Rep. By Principal Secretary ( Revenue Department)

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 26454 of 2016 O R D E R:

The grievance of the petitioners in this writ petition is that though they have submitted the Applications on 10.04.2016 and 23.07.2016 for issuance of pattadar passbooks and title deeds in respect of the land admeasuring Acs.80.00 in Survey Nos. 13 to 60 situated at Karmanghat Village and the land admeasuring Acs.60.20 guntas in Survey Nos. 24 to 89 situated at Meerpet Village, Saroornagar Mandal, Ranga Reddy District, the 4th respondent Tahsildar, Saroornagar Mandal has not acted thereon.

Heard learned counsel for the petitioners as well as learned Government Pleader for Revenue (Telangana).

It is appropriate to notice that in terms of Section 4 of the Act, any person acquiring by succession or survivorship or inheritance or by partition or by way of a decree from a Court any right as owner, pattadar, mortgagee, occupant or tenant of a land, shall intimate, in writing, his/her acquisition of such right to the Mandal Revenue Officer within 90 days from the date of such acquisition and then, the Mandal Revenue Officer shall give an acknowledgment of the receipt of such intimation. Thereafter, under Section 5 of the said Act, the Mandal Revenue Officer shall determine as to whether and, if so, in what manner, the Record of Rights may be amended in consequence of the application made and carry out necessary amendments in the Record of Rights in accordance with such determination.

It will also be appropriate to notice that Rules were also framed in 1989 for giving effect to the provisions of the Act and as per Rule 9, after due completion of enquiry, the recording authority shall pass orders in respect of cases requiring change of registry necessitated by succession, when it is not disputed.

the Act, as per sub-rule (2) of Rule 18 of the Rules. Inasmuch as the petitioners have submitted the Applications in the prescribed format i.e. Form VI(A), I deem it appropriate to direct the 4th respondent to consider the same, within a period of four months from today, in exercise of the powers under Section 5 of the Act and the Rules made there under and pass appropriate orders thereon, in accordance with law.

With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous petitions, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J 11th August 2016 ksld