Tamaali Shyam Rao v. The State Of Telangana,

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P. No. 33218 of 2018 ORDER:

The present writ petition came to be filed seeking issuance of a writ of mandamus, to declare the inaction of the respondent No.3 in issuing pattadar pass books and title deeds and mutating the name of the petitioner in the revenue records, in respect of the land in Survey Nos. 718, 721 and 1540, admeasuring Ac.1-09 gts., situated at Nizamabad village and Mandal, Nizamabad district, inspite of the representations dated 10.04.2018 and 01.09.2018, as illegal, arbitrary and unconstitutional. 2.

The averments in the affidavit filed in support of the petition would show that the petitioner is the pattadar of the above mentioned land, having succeeded the same from his ancestors; the pattadar pass books and title deeds came to be issued in favour of the father of the petitioner and he was in possession till his death in the year 1999. After the death of his father, the petitioner claims to be in possession of the subject property. Eighteen years later, i.e., in the year 2018, representations came to be filed by the petitioner for issuance of pattadar pass books, title deeds and mutation of the name of the petitioner in the revenue records. The inaction of the 3rd respondent in this regard is sought to be challenged in this writ petition.

3.

The learned Government Pleader for Revenue would submit that the petitioner has to first get his name mutated in the revenue records, following the prescribed procedure for the same, and thereafter, apply for issuance of pattadar pass books and title deeds.

4.

It is to be noted here that question of issuing pattadar pass books and title deeds to the petitioner, without getting his name mutated in the revenue records, will not arise. The A.P. Record of Rights in Land and Pattadar Passbooks Act contemplates a separate procedure for mutation of names in the revenue records. Without following the said procedure in getting his name incorporated in the revenue records, the question of issuing pattadar pass books and title deeds would not arise, as the same is consequential to the entries in the record.

5.

In view of the above, I see no reason to pass any orders in this writ petition. Accordingly, the writ petition is dismissed at the admission stage. There shall be no order as to costs. Miscellaneous petitions pending, if any, stand closed. _________________________ JUSTICE C.PRAVEEN KUMAR 17.09.2018 DMG