Mekala Padmaja v. The State Of Telangana

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.47833 of 2018 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate writ, or order or orders, more particularly one in the nature of writ of mandamus to the respondent Nos.2 to 4 in not taking the action against the representation dt.17.02.2018 and 14.06.2018 and is illegal, arbitrary and violative of Article 21 of the constitution thereby directing the respondent Nos.2 to 4 to issue New pattadar passbooks, to continue the name of the petitioner in the pahanis in respect of land in Survey No.7/72 to an extent of Ac.2.0 gts at Kyatanpally Shivar and to pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case and in the interest of Justice.'

Perusal of the representation dated 17.02.2018 made by the petitioner to the Tahsildar, Mandamarri, Mancherial District, reflects that she sought removal of the name of the sixth respondent from the 'Khastu' and entry of her own name. It is an admitted fact that the said entry was made by or at the behest of the Tahsildar himself. Learned counsel is unable to demonstrate as to whether the Tahsildar would have the power of review in relation to the said entry. Without being endowed with such power, it would not be open to the Tahsildar to call for a report from the Mandal Surveyor or the Mandal Revenue Inspector. The other representation dated 14.06.2018 made to the District Collector is also on the same lines but it is not explained as to how the District Collector would enter into the picture when he is not the appellate authority.

It appears that the representations made were utterly misconceived, warranting action on the part of the Tahsildar, Mandamarri, which was also misconceived, leading to the filing of this misconceived writ petition.

The writ petition is accordingly dismissed. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:02.01.2019 PGS