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High Court for State of TelanganaWP/20890/2015disposed of no costs

Mr.Syed Fareeduddin, v. The State Of Telangana,

2015-07-24Vilas V.Afzulpurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Writ Petition No.20890 of 2015 Between:

Mr.Syed Fareeduddin ... Petitioner(s) and The State of Telangana, Rep. by its Principle Secretary, Revenue Department, Secretariat at Hyderabad and three others.

... Respondent(s) DATE OF JUDGMENT PRONOUNCED: 24th July, 2015. SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.20890 OF 2015 ORDER:

The grievance of the petitioner is that the respondents 3 and 4

are not enrolling his name in the revenue records though pattadar pass book and title deeds stands in his name. Petitioner asserts that his father-in-law was the owner of land of Ac.0.37 gts in survey No.465/A and Ac.0.36 gts in Sy.No.465/E of Ramanjapur Village, Shamshabad Mandal, Ranga Reddy District. The said land is stated to have been gifted to the petitioner by his father-in-law in the year 1990 and basing on that pattadar pass book and title deeds are already issued on his name. However, his name is not recorded in the pahanies, though ROR shows his name with his photograph.

Petitioner, therefore, made several requests including the last representation dt.19.03.2015, but no action has been taken by the 4th respondent.

Heard learned counsel for the petitioner and learned Government Pleader for Revenue (Telangana) representing respondents 1 to 4.

The instructions of the Government Pleader show that as per the report of the Village Revenue Officer, petitioner is in possession of the subject land, but as per the revenue records for the year 201314 the name of one Molla Chand is recorded as pattadar. Hence, notices were issued to the present pattadar, whose name is appearing in the revenue records, as well as the applicant fixing the date of hearing as 16.05.2015 which was adjourned to 06.06.2015 and 20.06.2015. During the course of hearing, one Syed Jahangir filed memo stating that a case is pending before the District Court, L.B.Nagar, Ranga Reddy District and he will file a detailed counter on 01.08.2015. At that stage, the proceedings are awaiting finalisation. Evidently, 4th respondent has taken action for incorporation of petitioner's name by giving notice and since he has received objection, he has to consider the same.

In the circumstances, 4th respondent is directed to hear the petitioner and the objectors on the next date of hearing and pass appropriate orders. There shall be no order as to costs. As a sequel, miscellaneous applications pending if any, shall stand dismissed.

____________________________ VILAS V. AFZULPURKAR, J 24th July, 2015.

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