Mekala Mallesham v. The State Of Telangana

THE HON'BLE SRI JUSTICE S.V.BHATT W.P. No.24931 of 2018 ORDER:

Heard Mr.Alladi Ravinder for petitioners and the learned Assistant Government Pleader for Revenue. The petitioners pray for the following relief: ".............Writ of Mandamus by declaring a) the proceedings vide No.B/47/2017 dated 01-06-2017 of the 4th respondent in mutating the names of the 6th and 7th respondent in the revenue records against land in Sy.No.481 to an extent of Ac.0.34 gts each as illegal and contrary to the law besides violation of principles of natural justice b) to declare the proceedings vide No.D/1466/2017 dated 31-08-2017 of the 4th respondent in mutating the name of the 5th respondent in the revenue records against land in Sy.No.481/2 and 481/3 to an extent ofAc.0.34 gts and Ac.0.34 gts respectively as illegal and contrary to the law........" Mr.

Alladi Ravinder contends that the petitioners are not issued notice or given semblance of opportunity before the revenue records are altered. According to him, the deletion is without authority, arbitrary and illegal. Therefore, he prays for setting aside the entries mutated in the name of the 6th and 7th respondents and restore the name of the petitioners.

The Assistant Government Pleader (Revenue) submits that the petitioner has to work out the grievance either in appeal or revision under the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and (for short 'the Act;) as held by this Court Kuruva Hanumanthamma v. Principal Secretary, Revenue Department, Hyderabad and Another1.

Prima facie, this Court is of the view that the petitioners ought to have moved the 3rd respondent by way of appeal and thereafter, if any order is communicated in support of the changes already made, ought to have worked out the legal remedies.

In the light of above consideration, I am satisfied the writ petition can be disposed of by this order: (a) the petitioners are given liberty to file appeal by enclosing a copy of this order against the deletion of names of petitioners from adangal/pahani etc., before the 3rd respondent;

(b) As and when such appeal is filed, the 3rd respondent considers and disposes of the appeal, as expeditiously as possible, preferably within three months from the 1 2018 (1) ALD 290

date of receipt of copy of appeal. No order as to costs.

Writ petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any, pending, shall stand closed.

_______________ S. V. BHATT, J Dt: 19.07.2018 dv