Bandapelli Bhagyamma v. The State Of Telangana

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.35712 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, came to be filed seeking a Writ of Mandamus declaring the action of respondent No.4 in not considering the claim of the petitioner for issuance of pattadar pass book and title deed in respect of the subject property by issuing Memo, dated 03.07.2017, as illegal and arbitrary.

2.

Heard learned counsel for the petitioner and the learned Government Pleader for Revenue.

3.

Learned counsel for the petitioner submits that the main ground on which the Form-6A application of the petitioner came to be rejected was that the survey numbers referred to in the said application are subject matter of dispute in a Court of law. Learned counsel disputes the very existence of the civil dispute and states that the authority ought to have referred to the nature of the dispute and also the case number, if any, in the impugned Memo, enabling the petitioner to challenge the same.

4.

Learned Government Pleader for Revenue submits that since the impugned Memo is bereft of details, a direction be given to respondent No.4 to pass a reasoned order on the Form-6A application of the petitioner afresh.

5.

Having regard to the submissions, since the impugned Memo is bereft of details, as to the nature of dispute and the case number in which the subject property is involved, the same is set aside and

respondent No.4 is directed to pass fresh orders on the Form-6A application of the petitioner, which was already submitted, in accordance with law, after hearing all the concerned. 6.

With the above directions, the Writ Petition is allowed. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. _______________________________ JUSTICE C.PRAVEEN KUMAR October 03, 2018.

MD

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.35712 OF 2018 October 03, 2018 MD