Bakaram Laxmamma v. The State Of Telangana And 2 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.2 8 3 9 4 of 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking a Writ of Mandamus to declare the action of the respondent No.3/ Tahasildar, Ibrahimpatnam Mandal, Ranga Reddy district, in not issuing new pattadar pass book to the petitioner digitalizing lands in respect of land in Sy.Nos.269/ 2 admeasuring Ac.4-00 guntas situated at Tulekalan village, Ibrahimpatnam Mandal, Ranga Reddy district in spite of submitting application in prescribed Form-12C on 12.06.2018, followed by personal visit, as being illegal, arbitrary and unjust, and consequently issue new pattadar passbook and title deed to the petitioner in respect of the aforesaid land. 2.

Heard learned counsel for both sides and perused the record.

3.

The learned counsel for the petitioner would contend that petitioner and her son namely B.Malla Reddy are the owners and possessors of the agricultural land admeasuring Acs.4-00 guntas in Sy.No.269/ 2 situated at Tulekalan Village, Ibrahimpatnam Mandal, Ranga Reddy District. The petitioner also obtained occupancy rights certificate for the said land from the Revenue Divisional Officer, East Division vide proceedings Nos.J/ 3082 and 3085 of 1989, dated 18.01.1995. By virtue of said occupancy rights certificate, the revenue authorities also issued pattadar pass book, title deed and 1-B (ROR) in her favour in respect of

subject land. Originally the subject land is an inam land. One Bakaram Ram Reddy, brother-in-law of the petitioner, being head of the family and inamdar, was in possession of Ac.29-00 guntas in Sy.No.269/ 2 since 1954-55 onwards. As per the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955, the persons, who were in possession of the land as on 01.11.1973, were treated as pattadars. After demise of said Bakaram Ram Reddy, the petitioner and her son B.Malla Reddy were succeeded to the subject land and have been in exclusive possession and enjoyment of subject land. The revenue authorities mutated her name in the revenue records and issued pattadar passbook in her favour for the subject land. Now the grievance of the petitioner is that to avail the benefits under the welfare schemes evolved by the Government, new pattadar passbooks have to be issued. In spite of her representation for issuance of new passbook and payment of amount under Rythu Bandhu scheme, the same is not acted upon by the respondent No.3/ Tahasildar.

4.

As seen from the material placed on record, the representation made on 12.06.2018 is filed as Ex.P.1. In view thereof, without going into the merits of the case, the Writ Petition is disposed of directing respondent No.3/ Tahsildar, Ibrahimpatnam Mandal, to examine the claim of the petitioner as ventilated in the representation dated 12.06.2018. If the petitioner is entitled for new passbook, the same shall be issued and if she is also entitled to receive the amounts under 'Rythu Bandhu' scheme, the same shall also be paid. This exercise shall

be completed within a period of six weeks from the date of receipt of a copy of this order.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. No order as to costs. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 23rd December, 2019 vvr