Palabai Alias Mangali Balraj v. The State Of Telangana
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.42093 OF 2018
O R D E R
The case of the petitioner is that his vendor executed an unregistered sale deed dated 26.08.1981 and since then, he has been in possession and enjoyment of the subject property and as per paragraph No.7 of Revenue Board Standing Orders - 31, it is incumbent upon the revenue authorities to mutate his name in the revenue records and issue pattadar pass book and title deed. However, he made representation dated 19.12.2017 for the said purpose. As no action has been taken, the present writ petition is filed.
Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Revenue submits that the subject land is situate in Telangana area and hence the Revenue Board Standing Order - 31, relied on by the petitioner, is not applicable and that unless the simple sale deed relied on by the petitioner is validated, pattadar pass book and title deed cannot be issued and his name also cannot be mutated in the revenue records.
It is to be seen that when the petitioner made representation, it is obligatory on the part of the 4th respondent to consider the same and pass appropriate orders by giving reasons and if the petitioner is aggrieved, he will be in a position to avail appellate remedy, and without disposing of the application, 4th respondent cannot keep the application pending with him.
In view of the same, without expressing any opinion on merits, writ petition is disposed of directing the 4th respondent to dispose of the representation stated to have been made by the petitioner on 19.12.2017, by taking into consideration the above facts and circumstances and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after issuing notice and opportunity of hearing to the petitioner and other effected parties, if any. Interlocutory applications pending, if any, shall stand closed. No costs.
----------------------------------------------- A.RAJASHEKER REDDY,J DATE:06-12-2018 AVS