Syed Jauddin v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.44074 of 2017 ORDER:

In this writ petition, petitioner complains that respondent No.2 - District Collector, Adilabad, is not acting upon his representations, dated 03.10.2017, 09.10.2017, 18.11.2017 and 10.12.2017, for correction of entries in the revenue records in respect of the lands admeasuring Acs.10.16 guntas and Acs.9.14 guntas in Survey Nos.3 and 4 respectively, situated at Keslapur Village, Indravelli Mandal, Adilabad District. Learned counsel for the petitioner argues that with respect to the subject lands, mutations have been made in favour of respondents 5 to 7 and that the petitioner is entitled to his father's share in the said lands, as such, he submitted the aforesaid representations to respondent No.2 for redressal but so far, no action has been taken thereon.

Learned Government Pleader opposes the writ petition by submitting that there is no mention by the petitioner in the affidavit filed in support of the writ petition with regard to any of the proceedings relating to mutation and that the petitioner has not even challenged any order in the present writ petition. He also

CKR, J W.P.No.44074 of 2017 submits that if the petitioner is aggrieved by the entries made in the revenue records, he has to obtain copies of the orders, if any, and thereafter, he may approach the competent authority questioning the same.

Admittedly, mutations were made in respect of the subject lands in favour of respondents 5 to 7. Though the representations submitted by the petitioner to respondent No.2 do not conform to any statute, the statutory authority is required to act upon such representations which are otherwise maintainable in law. It is not in dispute that respondents 5 to 7, in whose favour, mutations have been made with respect to the subject lands, are blood relations to the petitioner. If there is any violation of the procedure contemplated under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, the same may be questioned by way of filing appeal before the Revenue Divisional Officer under Section 4 and further, by way of filing revision before the Joint Collector under Section 9 of the said Act.

In those circumstances, the writ petition is disposed of giving liberty to the petitioner to work out the remedies available to him in law or to approach the Tahsildar concerned for obtaining necessary orders.

CKR, J W.P.No.44074 of 2017 Miscellaneous Petitions, if any pending shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 26th DECEMBER, 2017.

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