Daraboina Mallaiah v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.27249 OF 2019 Date: 10.12.2019 Between:

Daraboina Mallaiah S/o.Late Balaiah, Aged about 43 yrs, Occu : Agriculture, R/o.H.No.1-18, Ibrahimnagar, Chinnakoduru Mandal, Medak District & others. .....Petitioners And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & others.

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

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.27249 OF 2019 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue for respondents 1 to 4. 2.

According to petitioners, their father executed gift settlement deed in their favour, giving each of them Ac.0-14 guntas of land out of Ac.1-30 1⁄2 guntas in Sy.No.530/AA4, of Ibrahimnagar Village and Gram Panchayat, Chinnakodur Mandal, Medak District. Their father was the owner of land; he was granted Patta No.257 in the year 1994. The said land was divided into five shares in favour of his five sons. After the execution of gift settlement deeds by their father, all of them came into the possession and enjoyment of the respective extents of land. Petitioners applied for issuance of pattadar pass books and title deeds, by placing reliance on the gift settlement deeds executed by their father. But so far, they are not issued. Alleging inaction, this writ petition is filed. While so, petitioners now allege that respondents 5 and 6 created Sada Bainama in the year 1965 by forging the thumb impression of their father and obtained record of rights on 31.08.2000. All this was done illegally and without the consent of their father or themselves.

3.

Even according to the averments in the writ petition, it is apparent that as early as in the year 2000, the Sada Bainama stated to have been executed by the father of petitioners, was validated and respondents 5 and 6 names were entered in the revenue records. If that is so, petitioners cannot ask for issuing of

- 3 - pattadar pass books, merely because their father stated to have executed gift settlement deeds in their favour. Therefore, if petitioners have grievance regarding alleged mutation carried out in favour of respondents 5 and 6, they have to work out their remedies as available in law.

4.

Accordingly, the Writ Petition is dismissed, granting liberty to the petitioners to work out their remedies against the alleged wrong mutation of names of respondents 5 and 6. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J 10th December, 2019 Rds