Chunarkar Gajanan v. The Tahsildar

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.47834 of 2018 ORDER:

The prayer of the petitioner in this case reads as under: 'For the reasons stated in the affidavit accompanying, it is prayed that this Hon'ble Court may be pleased to issue a Writ, Order, or Direction, more particularly one in nature of Writ of Mandamus declaring the inaction of the Respondent Nos.1 & 2 in considering and disposing of the representation of the Petitioner dated 22-3-2018 as bad in law and violative of Section 5(3) of ROR Act and consequently direct the Respondent Nos.1 & 2 to consider and dispose of the representation of the petitioner dated 22-3-2018, in the interest of Justice and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case.'

The representation dated 22.03.2018 was made to the Tahsildar, Kagaznagar Mandal, Adilabad District, in relation to the mutation effected by him in respect of the land claimed by the petitioner. By way of this writ petition, the petitioner sought cancellation of the patta issued by the Tahsildar in favour of the sons of one Ekonakar Bhikku who are not even made parties to this writ petition. Ms.Rajyalakshmi, learned counsel representing Mr.B.Sudhakar Reddy, learned counsel for the petitioner, would fairly concede that the Tahsildar has no power of review under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971. That being so, the very representation made by the petitioner was misconceived as the Tahsildar would not have the power of reviewing the earlier mutation and canceling the patta issued by him. The representation was utterly misconceived in its very inception leading to the filing of this misconceived writ petition.

The writ petition is accordingly dismissed on this short ground. This order shall not preclude the petitioner from availing appropriate remedies before the proper forum in accordance with law. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTI CE SANJAY KUMAR Date:02.01.2019 PGS