Chintalapani Dharmendar Reddy v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2105 OF 2017 ORDER:

The case of the petitioners is that they are in possession and enjoyment of lands in Sy.Nos.1008/A, 1009/B, 1011/C, 1012/B, 1024, 1025, 1026, 1027, 1028/A, 1029, 1029/B, 1031/D, 1034, 1035, 1037/A, 1039/A, 1040/A, 1044/A, 1045, 1046/A, 1047/A, 1055, 1063, 1065, 1065/A, 1056/C/1, 1067/A, 1068/A/1, 1069/B, 1070/B/1, 1071/A, 1072/B, 1073/C, 1074/C/1, 1075/A/1, 1076, 1077, 1078, 1079, 1081/A and 1083 situated at Narsapur Village, Bhoopalpalli District, having inherited and succeeded from late Ch.Laxma Reddy. They have jointly submitted an application before the 4th respondent on 27.04.2016 for mutation and transfer of patta in their names in respect of the above said lands. But no action has been initiated by the 4th respondent. Meanwhile, the respondents 5 to 20 are trying to interfere with the possession of the petitioners.

Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioners. Learned Assistant Government Pleader for Revenue submits that petitioners have to file an application in Form VI-A as per the provisions prescribed in A.P.Rights in Lands And Pattadar Passbooks Act, 1971 (for short 'the Act') before the 4th respondent.

It is to be seen that the application filed by the petitioners is not supported by any document and it is very vague. The Act provides for filing of necessary application in Form VI-A for mutation and succession of properties. But in this case, petitioners have not filed any such application. Even in the writ affidavit, the petitioners have not mentioned as to what is the extent of land. The petitioners are seeking injunction against the unofficial respondents and the said relief cannot be granted in the writ petition and that the petitioners have to invoke appropriate remedy available under law. Insofar as mutation is concerned, it is open for the petitioners to make an appropriate application in Form VI-A to the 4th respondent and on such application being filed by the petitioners, the 4th respondent shall dispose of the same, in accordance with law.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending if any, shall stand closed. _________________________ A.RAJASHEKER REDDY,J 31.01.2017 dv