Mohammed Gouse Hussain v. The State Of Telangana Thru Its Principal Secretary

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.12812 of 2016 ORDER:

Petitioner had filed this Writ Petition aggrieved by the order dt.08.03.2016 passed by the 3rd respondent refusing to issue Pattadar Passbook and Title Deed to the petitioner.

2. Although counsel for the petitioner contended that the 3rd respondent was not right in holding that the subject land is uncultivable, in the light of a survey dt.12.03.2015 conducted by the Mandal Agricultural Officer, Khammam Urban Mandal certifying it to be suitable for agricultural purpose, these disputed questions of facts are better decided by the appellate authority constituted under Sub-clause (5) of Clause (5) of A.P. Rights in land and Pattadar Pass Books Act, 1971 i.e., the Revenue Divisional Officer concerned.

3. Therefore, granting liberty to the petitioner to avail the remedy of appeal under the above provision, this Writ Petition is dismissed. If such an appeal is preferred by the petitioner, the Revenue Divisional Officer concerned shall dispose of the said appeal within a period of twelve (12) weeks from the date of filing of the said appeal by the petitioner and communicate his decision thereon to the petitioner. There shall be no order as to costs.

4. Consequently, the miscellaneous petitions, if any pending, shall stand closed.

_____________________________ M.S.RAMACHANDRA RAO, J 19th April, 2016 gra