Thotapally Rajalingu v. The State Of Telangana,

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.39875 of 2016 ORDER:

Heard the learned counsel for the petitioners and learned Government Pleader for Revenue and, with their consent, the writ petition is disposed of at the admission stage. The Writ Petition is filed by the petitioners to declare the action of respondent No.2, in not considering their application dated 17.12.2015 as well as reminder dated 09.06.2016, for correction of entries in respect of land admeasuring Ac.3.09 gts. in Sy.No.197 situated at Garimella Village, Mancherial Mandal, Adilabad District, as illegal and arbitrary.

The petitioners claim that their father was declared as protected tenant and was issued Ownership Certificate by the then Tahsildar, Mancherial in the year 1974. The name of the petitioners father was mutated in the revenue records. Ever since the date of issuance of Ownership Certificate, the petitioners claim to be in possession of the subject property. The petitioners further state that, after the demise of their father, they succeeded to the property and have been in possession of the subject property. However, when they came to know that a mistake has crept in the revenue records, sought for correction of entries.

Learned counsel for the petitioners rely upon the judgment of this Court in G.Prabhakar v. State of Telangana1 to contend that the District Collector has since been vested with the power to make correction or modification of entries, and as 1 (2015) 4 ALD 427

the Tahsildar is not vested with any such power, liberty may be given to the petitioner to approach the District Collector, Adilabad District, and submit an application ventilating their grievance.

Learned Government Pleader for Revenue submits that, if such an application is made by the petitioner, the District Collector, Adilabad District, may be directed to dispose of the same at the earliest.

In view of the judgment of this Court in G.Prabhakar (1 supra), the Writ Petition is disposed of giving liberty to the petitioners to make an application to the District Collector, Adilabad District, seeking correction of entries in respect of land admeasuring Ac.3.09 gts. in Sy.No.197 situated at Garimella Village, Mancherial Mandal, Adilabad District, who, on receipt of the same, shall dispose of the same, in accordance with law, within a period of three months from the date of receipt of this order.

Miscellaneous Petition pending, if any, shall also stand disposed of. No order as to costs.

C.PRAVEEN KUMAR,J Date:21.11.2016 usd