Gara Rattaiah v. The State Of Telangana

Date : 13.12.2019 Between:

Gara Rattaiah S/o Narsaiah Aged about 50 years Occ Village Revenue Assistant R/o Matedu Village Thorrur Mandal Mahabubabad District Telangana State Petitioner And The State of Telangana Rep by its Principal Secretary to the Revenue Department Secretariat Hyderabad & others Respondents The Court made the following:

ORAL ORDER:

Heard learned counsel for petitioner and learned Government Pleader for Revenue and with their consent writ petition is taken up for hearing at the admission stage.

2.

Petitioner claims to be absolute owner and in possession of land to an extent of Ac.1.00 guntas in Survey No. 41/A1; Ac.0.26 guntas in Survey NO. 41/A2 and Ac.0.07 1⁄2 guntas in Survey No. 41/A2, Bonthupally (Matedu) village, Thorrur mandal, Mahabubabad district. Petitioner alleges that revenue authorities in collusion with unofficial respondents changed the revenue records and mutated the names of unofficial respondent. He therefore claims to have submitted representations to Revenue Divisional Officer on various occasions requesting him to look into the grievances and rectify the revenue records. Alleging inaction, this writ petition is filed. 3.

In other words, the grievance of petitioner is alleged wrong entries made in the revenue records deleting his name and incorporating names of some third parties without following due process. According to averments made in representation dated 14.12.2017 addressed to Revenue Divisional Officer, such changes were effected in the year 2011. It is also seen from the material on record that petitioner instituted O.S. No. 191 of 2012 in the Court of Senior Civil Judge, Mahabubabad against one Gara Andhraiah alleging that he is disturbing his possession and enjoyment. It appears that there is interse dispute pending since

2011. Against wrong entries made in the revenue records by the Tahsildar, for which, remedy of appeal is available to Revenue Divisional Officer and/or revision before the Joint Collector. Without availing the remedy of appeal or revision, petitioner went on making representations. Since required procedure is not followed by petitioner, it cannot be said that the revenue authorities were negligent in acting upon the grievance of the petitioner. Therefore, the writ petition in the present form is not maintainable and accordingly dismissed, leaving it open to the petitioner to work out remedies available to him under 'The Telangana Rights In Land And Pattadar Passbooks Act, 1971' or civil law remedies, if so advised. Miscellaneous petitions, if any pending, are closed. __________________ P NAVEEN RAO,J DATE: 13-12-2019 TVK

Date : 13.12.2019