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High Court for State of TelanganaWP/26026/2017disposed of no costs

Smt Samineni Kousalya, v. The State Of Telangana Through Its Principal Secretary

2017-09-07P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26026 OF 2017 DATED : 07.09.2017 Between :

Smt Sanineni Kousalya, W/o.Late Dasaradham, Aged 58 yrs, Occu : Cultivation, R/o. Utkuru Village, Kamepalli Mandal, Khammam District.

..

Petitioner And State of Andhra Pradesh, Rep., by its Principal Secretary (Revenue) Secretariat, Hyderabad .. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26026 OF 2017 ORDER :

Heard.

2.

Petitioner claims that though the land is in agency area, the grand father of the petitioner purchased the land prior to the A.P.(Schedule Area) Land Transfer Regulation, 1959 and therefore, the said sale was not illegal and was not vitiated. Hence, petitioner applied for issuance of pattedar pass book and title deed. But so far the same are not issued.

3.

The limited issue for consideration in this writ petition is not acting upon the request made by the petitioner for issuance of pattedar pass book and title deeds over the land to an extent of Ac.6-00 in Sy.Nos.307 & 308 of Utkuru Village, Kamepalli Mandal, Khammam District. Petitioner claims that she has submitted several representations. But the same are not acted upon. 4.

The claim of the petitioner is under the A.P. Rights in Land and Pattedar Pass Books Act 1971 (for short 'the Act, 1971'). The process for issuance of pattedar pass book and title deeds or mutation of names in the revenue records sets in motion only when an application as prescribed by the Act, 1971 and the Rules made thereunder, is made.

5.

At this stage, learned counsel for the petitioner seeks leave to make an application as required.

6.

Having regard to the above, the Writ Petition is disposed of, granting liberty to the petitioner to make an application to the Tahsildar, Kamepalli Mandal, Khammam District, under the Act, 1971 and if such an application is made, the Tahsildar, shall

- 3 - consider the same in accordance with the Act, 1971 and furnish suitable reply, as warranted by law, by assigning due reasons in support of his decision, as expeditiously as possible, preferably within a period of two (2) months from the date of receipt of such application. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 07th September 2017 Rds