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High Court for State of TelanganaWP/23410/2017disposed of no costs

Kolkar Ansar Basha, v. The State Of Andhra Pradesh,]

2017-07-14S.V.Bhatt2 pages

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.23410 OF 2017 ORDER:

Heard Mr.I.Koti Reddy for petitioner and Assistant Government Pleader (Revenue) for respondents. The petitioner complains against inaction of respondents in considering and disposing of applications dated 03.05.2017 and 21.06.2017 filed for changing the name of petitioner in revenue records for the assigned land in an extent of Acs.1-39 cents in Sy.No.1975-7D of Dodipalli , Pileru Village and Mandal, Chittoor District, as illegal, arbitrary and unconstitutional. The prayer is substantially against inaction in considering and disposing of applications dated 03.05.2017 and 21.06.2017 filed by petitioner.

Mr.Koti Reddy tried to persuade this Court that the respondents are under obligation to pass orders within 45 days. Since no order is passed, the writ petition is filed complaining inaction against respondents.

I have perused the material filed by the petitioner. Prima facie, this Court is of the view that the inaction complained in the writ petition is completely premature and unfounded. Assuming the applications were filed on 03.05.2017 and 21.06.2017, mere delay in taking up the applications or effecting mutation in revenue records does not enable the petitioner for a direction to respondents under Article 226 of the Constitution of India. The petitioner is well advised if reminders are sent, the respondents are demanded to perform

their statutory duty and if inaction still continues for reasonable time, then the jurisdiction of this Court is examined on merits by this Court. In the case on hand, the assignment in favour of petitioner was made on 25.01.2000. The affidavit is silent on the efforts the petitioner has taken for 16 years in getting the petitioners name incorporated in revenue records. In cases like this, it is for respondents to examine the record and pass orders as are warranted in the facts and circumstances of the case. Therefore, the petitioner is given liberty to remind the request made through the instant applications and if inaction continues, then the petitioner can work out the remedies in accordance with law. The writ petition is, accordingly, disposed of. There shall be no order as to costs.

Consequently, pending miscellaneous petitions stand closed. ____________ S.V.BHATT, J 14th July, 2017 Lrkm