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High Court for State of TelanganaWP/25025/2016disposed of no costs

Neela Kishtaiah, v. State Of Telangana,

2016-08-24A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.25025 OF 2016 ORDER:

The case of the petitioner is that his father is the owner and possessor of the land to an extent of Ac.8.16 guntas in survey No.937, situated at Anajpur Village, Doultabad Mandal, Medak District and after his death the said land was distributed between the petitioner and his two brothers. In the said distribution the land to an extent of Ac.4.16 guntas was mutated in the name of Sri Neela Ramulu who is the younger brother of the petitioner and the balance Ac.4.00 cents was mutated equally between the petitioner and his elder brother Sri Neela Narayana during the year 2005 and the petitioner's land was shown as survey No.937/AA and incorporated in the pattadar pass books. The petitioner's name was also shown in the Pahani for the year 20092010.

While so, when the petitioner wants to obtain loan from the Bank for the purpose of agriculture, he approached the respondents for pahani copies during February, 2015, then he was informed that the land in Survey No.937/AA was not in his name but stands in the name of Sri Neela Kishtaiah, S/o.Neela Narayana who is the son of petitioner's elder brother. When the petitioner asked the respondents to furnish the copy of the proceedings basing on which his name was deleted and the name of the 5th respondent was entered, the 4th respondent issued an endorsement dated 18.03.2015 stating that the said file is not traceable in the office.

dated 08.10.2015 to the 4th respondent, but no action is being taken till today. Aggrieved by the same, present writ is filed. Heard learned counsel for the petitioner.

Learned Assistant Government Pleader for Revenue submits that petitioner made representation before the Tahasildar, but, for change of entries in the revenue records beyond one year, Tahasildar is not competent and that petitioner has to approach Joint Collector.

It is to be seen that admittedly, the 4th respondent issued endorsement stating that the proceedings basing on which the name of the petitioner was deleted and the name of the 5th respondent was entered, is not traceable in their office. In view of the same, it is open for the petitioner to make an application before the Joint Collector in respect of the same and on such application the Joint Collector shall consider the same and pass necessary orders within a period of six weeks from the date of filing of application by the petitioner.

Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. __________________________ A.RAJASHEKER REDDY, J 24.08.2016 tk