Telangana High Court
WP/28353/2007 of B.Prabhakar Vs The Chief General Manager, Singareni Collieries on 31 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION No :28353 of 2007 DATED:31-12-2007 BETWEEN: B.Prabhakar. ..... PETITIONER AND The Chief General Manager, Singareni Collieries Company Limited, Area-1, Ramagundam mandal, Karimnagar District & 2 others. .....RESPONDENTS ORDER: Heard learned counsel
THE HONOURABLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No :28353 of 2007
BETWEEN:
DATED:31-12-2007
B.Prabhakar.
AND
..... PETITIONER
The Chief General Manager,Singareni Collieries Company Limited,Area-1, Ramagundam mandal,Karimnagar District & 2 others.
.....RESPONDENTS
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ORDER:
Heard learned counsel appearing for the petitioner;learned Government Pleader for Revenue; and the learnedcounsel appearing for the respondents.
2. Petitioner seeks a writ of mandamus declaring theaction of the 2[nd] respondent in not passing orders in theappeal, dated 01-11-2007, preferred by the petitioner againstthe orders of the 3[rd] respondent vide Memo No.B/1068/2006,dated 22-10-2007, rejecting the request made by thepetitioner for correction of pahanies entries in respect of landadmeasuring Ac.0.35 guntas in Sy.No.718 situated atJangoan village, Ramagundam mandal, Karimnagar District,as illegal, and arbitrary.
3. It is the case of the petitioner that he has sold anextent of Ac.5.19 guntas in Sy.No.718 out of Ac.6.14 guntas in favour of the 1[st] respondent-Chief GeneralManager, Singareni Collieries Company Limited,Ramagundam mandal vide registered sale deed No.1168/70,dated 31-07-1970. Petitioner made a representation forcorrection of the pahanies in respect of the remaining unsoldland, and the said representation has been dismissed by the 3[rd]respondent-Tahsildar, Ramagundam vide MemoNo.B/1068/2006, dated 22-10-2007, on the ground that the entire land is inoccupation of the 1[st] respondent and on verification of thespot it is revealed that there are no patta lands adjoining thesaid survey number and all the patta lands adjoining the saidnumber were owned by the 1[st] respondent.
4. Learned counsel appearing for the petitioner submitsthat though the left over land is a pot kharab area existing inthe form of nallah (a drain) passing through it, petitioner isentitled to ownership of the said land and therefore entitled forrectification of the revenue records before entering his namein the revenue records in respect of the unsold land,however, petitioner filed an appeal before the 2[nd] respondent-Revenue Divisional Officer, Peddapalli and the same ispending.
5. Having regard to the facts and circumstances of thecase, 2[nd] respondent is directed to consider and dispose ofthe said appeal, dated 01-11-2007, after giving reasonableopportunity to all the concerned as expeditiously as possiblewithout any unnecessary delay.
6. Accordingly, Writ Petition is disposed of. There shall beno order as to costs.
_________________
31[st] December, 2007.
Tsy
V.ESWARAIAH,J