Mohammed Ismail v. The Tahsildar

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 30426 of 2018 ORDER:

The present writ petition came to be filed seeking a writ of mandamus declaring the action of the respondents in not considering the application dated 10.04.2018 made by the petitioner for issuance of pattadar pass books and title deeds in respect of the lands in Sy.No.228/ a2 to an extent of Ac.1-34 gts., Sy.No. 232/ 1a1 to an extent of Ac.1-00 gts., Sy.No.233/ a4 to an extent of Ac.3-26 gts., totaling admeasuring Ac.6-20 gts, situated at Mundrai Village, Nangunur Mandal, Medak district, as illegal, arbitrary and unconstitutional.

2.

The learned counsel for the petitioner mainly submits that originally, the subject lands were owned by one Bodugam Narasimha Reddy, who sold the same to Mohammed Afsar (father of the petitioner herein) and Shaik Khaleel on 18.07.2007 for a sale consideration, vide registered Document bearing No. 7622 of 2007. On 12.11.2007, the father of the petitioner died, and hence, the subject lands devolved on to his wife Qairunissa and Shaik Khaleel. Thereafter, representations came to be made by the legal representatives of Mohammed Afsar for issuance of pattadar

pass books and for mutating their names in the revenue records.

3.

While matters stood thus, Shaik Khaleel and Qairunissa, in turn, executed a registered sale deed in favour of the petitioner herein, which came to be registered before the Office of the Sub Registrar, Siddipet. In furtherance of the application made by the petitioner, the 1st respondent issued notice, vide Form No.VIII under Rule 19(1) inviting objections from all the persons concerned. Subsequently, the 1st respondent rejected the objection raised by one Shaik Jameel.

4.

The petitioner is now seeking issuance of pattadar pass books and title deeds in respect of the subject lands, vide representation dated 10.04.2018, which, according to the petitioner, is not being considered by the 1st respondent. 5.

Having regard to the facts and circumstances of the case, the present writ petition is disposed of with consent, at the admission stage, directing the 1st respondent to deal with the representation dated 10.04.2018 made by the petitioner, if it is in accordance with law, as early as possible, preferably, within a period of six to eight weeks from the date of receipt of a copy of this order, if no order is already passed thereon,. There shall be no order as to costs.

6.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 28.08.2018 DMG