Smt Barre Lingamma v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35414 OF 2017 Dated:26.10.2017 Between:

Smt. Barre Lingamma, W/o. Late Barre Muttaiah, Aged about 61 years, Occ: Housewife, R/o.H.No.2-36, Thattiannaram Village, Presently Abdullapurmet Mandal, Ranga Reddy District and others .. Petitioners And The State of Telangana, Department of Revenue, rep., by its Principal Secretary, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35414 OF 2017 ORDER:

Heard.

2.

Petitioners claim that their father, Barre Muttaiah, was assigned land to an extent of Acs.2.00 in Survey No.128 of Thattiannaram Village, presently Abdullahpurmet Mandal, Ranga Reddy District, on 19.04.1985. After death of the assignee, the petitioners succeeded to the said property. They allege that they submitted a representation dated 31.07.2017 seeking mutation of their names in the revenue records and also for issuance of pattadar passbooks and title deeds in their favour. Alleging inaction on the said representation, this Writ Petition is filed. 3.

The material on record would disclose that no application was submitted by the petitioners for mutation of their names in the revenue records. The Government is processing the claims under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the Act, 1971'), when applications are made in prescribed form through online web portal of the State. It is not denied by the learned counsel for the petitioners that such application is not made so far. Unless such application is made, the claim will not be processed and it cannot be said that the action of the authorities in not acting upon the request made by the petitioners, as amounting to arbitrary exercise of power or inaction, is illegal. Therefore, the relief sought for by the petitioners cannot be granted.

4.

Thus, leaving it open to the petitioners to apply for mutation of their names in the revenue records and for issuance of pattadar passbooks and title deeds in accordance with the procedure prescribed, the Writ Petition is disposed of. It is needless to observe that as and when such application is made, the same shall be considered as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of such application. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:26.10.2017 KH