Smt.Durdana Begum, v. The District Collector,
[3303 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO: 5'195 OF 2012 Betwee n:
1. Smt.Durdana Begum, Wo Late IV.Abdul Sattar, iVluslim, aged about 60 years, Household RJo Paloncha Town, Paloncha [\4andal, Khammam District.
2. Yarala Chandra Reddy, S/o Late Joga Reddy, Hindu. aged about 70 years, Occ: Agriculture, R/o Punukula (V), H/o Payakari Yanamballu, Paloncha fu'iandai, Khammam District.
3. B. Butchamma, W/o Saidulu, Hindu, aged about 55 years, Occ: Agriculture R:o Suraram (V). Palcn:ha I\,landa1, Khacrma;n Drsir"::t.
4. Ja'.2 Su..nalhami.r"ra, !.,,.io La:: Fliia R:.:tj7. H,.,lJ. al::t ::oui 53 .':ars. O;c. A j'i :'rit'-[: Surar':'r-, ('./) Palcr:ha l,la:;ia], 5:i?r'r-reir Drs:'i.t. ,PETITiONERS AND The District Collector, Khammam District, Khammam I The Revenue Divisional Officer, Paloncha, Khammam District aJ The Tahsildar, Paloncha Mandal, Khammam District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, more particularly in the nature of Writ of Mandamus, or any order or direction, declaring the inaction on the part of the respondents in either granting of pattas or regularizing the lands on payment of the market value to the petitioners viz., the 1st petitioner to an extent of Ac. 6.39 guntas in Sy. No.
9B/1 , the 2nd petitioner to an extent of 7.24 guntas in Sy. No. 99i '1 , the 3rd petitioner to an extent of Ac. 7.30 guntas in Sy. No. 93/1 and the 4th respondent to an extent of Ac.7.24 guntas in Sy. No.
l.A. NO: 1OF 2012(WPMP. NO: 661 3 0F 20121 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pteased to direct the respondents to either grant pattas to the petitioners or to regularize the respective lands of the petitioner-s on payment of the mar-ket value r.zjz., the 1 st petitioner to an extent of Ac. 6.39 guntas in Sy. No. gB/1 , the 2nd petitioner to an extent of Ac. 7.24 guntas in Sy. No. 99/1 , the 3rd petitioner to an extent of Ac. 7.30 guntas in Sy. No. 93/1 and the 4th respondent to an extent of Ac. 7.24 guntas in Sy. No. BB/1 situated at Suraram Village, Paloncha tr,4andal, Khammam District, pending disposal fo the above writ petition Counsel for the Petitioners; SRI B. GOPAL FOR SRt. CH DHANAMJAYA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE TI. SREENIVAS RAO WRIT PETITION No.S195 of 2012 ORDER:
This writ petition is filed for the following relief: "-..to issue a Writ more particularly in the nature of Writ of Mandamus or any order or direction declaring the inaction on the part of the respondents in either granting of pattas or regular2ing the lands on payment of the market value to the petitioners viL., LLle 1st petitioner to an extent of Ac'6 39 guntas in Sy.No.98/ 1, the 2nd petitioner to an extent of 7'24 guntas in Sy.No.99/ 1 the 3rd petitioner to an extent of Ac.7.30 guntas in Sy.No.93/1 and the 4th respondent to an extent of Ac'7 24 guntas in Sy.No.88/1 situated at Suraram Village, Paloncha Mandal, Khammam District as illegal, arbitrary, unjust and in violation of principles of natural justice and for a consequential order directing the resPondents to either regularize the respective lands on payment of the market value or Brant pattas to the petitioners by considering their representations" -" 2.
Heard Sri B.Gopal, learned counsel representing Sri Ch.Dhanamjaya, learned counsel for the petitioners and learned Assistant Government Pleader for Revenuc 3.
Learned counsel for the petitioners submits that petitioner Nos.1,2,3 and 4 are the owners and possessors of land to an extent of Ac.6.39 guntas in Sy'No 98/ l, 7 '24 glrntas in Sy.No.99/1, Ac.7.30 guntas in Sy'No'93/1 and Ac'7'24 guntas in Sy.No.88/ 1 respectively situated at Suraram Village' Paloncha Mandal, Khammam District and the same was purchased through unregistered sale deed from original owners by paying valuable sale consideration and since then they have been in possession and enjoyment of the subject
property. The petitioners have approached respondent No_3 and submitted representations on 19.05.2003, 03.01.2OO9 -l and 13.O2.2O 12 respectively requesting him to regularize the unregistered sale deeds exercising the powers conferred under section 5(A) of rhe A.p/Telangana Rights in Land and parradar Pass Books Act, i97l(Act, for brevity). In spite of repeated representations made by the petitioners, respondent No.3 has not taken any steps to consider the claim of the petitioners without any reasons much less valid reasons and the action of respondent No.3 is gross violation of provisions of the Act. 4.
Learned Assistant Government pleader for Revenue submits that during the pendency of the writ petition, the State of Telangana, while repealing the A.p/Telangana Rights in Land and pattadar pass Books Act, l97l, legislated new enactment, namely, the Telangana Rights in Land and Pattadar Pass Books Act, 2O20(Act No.. 9 of 2O2Ol and the same came into force on 29.1O.2O2O and also issued circulars. By virtue of the said enactment, the Tahsildar is not having power to regularize the unregistered sale deed. However, if the representations submitted by the petitioners are stilt pending, respondent No.3 will consider the same, in accordance with law and requested this Court to grant reasonable time. In view of the above said submissions made by 5.
respective parties, without going into the merits of the case, respondent No.3 is directed to consider the representations submitted by the petitioners dated 19.0S.2OO3, O3.01.2OO9 and l3'02.2oo9 and pass appropriate orders, in accordance with law, after giving opportunit5r to the petitioners and any other affected parties within a period of three (3) months from the date of receipt of a copy of this order, if not already disposed of.
With the above directions, the writ petition is disposed of accordingly. No order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/. MOHD. ISMAIL ASSISTANT REGISTRAR //TRUE COPYII -EL To, SECTION oFFICER
1. The District Collector, Khammam District, Khammam
2. The Revenue Divisional Officer, paloncha, Khammam District
3. The Tahsildar, paloncha Mandal, Khammam District
4. One CC to SRl. CH DHANAMJAyA Advocate iOpUCl
5. TworCCs to Gp FOR REVENUE ,High Court for the State of Telangana. \
6. Two CD Cooies KKS KKS --- - i
i t I I HIGH COURT DATED: i810712024 .. SI,1, ? 2 0[I 2tl1t I \P"
r
ORDER
WP.No.5195 of 2012 DISPOSING OF THE WRIT PETITION WITHOUT COSTS e[epi'9ffi*