WP/23773/2020 of Smt. Saini Sasikala alias Mamilla Urna Rani LA ALIAS MAMILLA UMA RANI Vs The State of Telangana on 31 December 2020

ORDER

This Writ Petition, under Article 226 of the Constitution ofIndia, is filed by the petitioner, wherein, the following prayer ismade "...to issue a Writ, Order or direction, more particularly in thenature of Mandamus or any other appropriate writ or writs,declaring the inaction of Respondents 2 to 4, in consideringPetitioner's representations dated O1-10-2020 and O9-11-2O20and conducting enquiry and passing any orders deleting thenames of the Respondents 5 to 7 in respect of agricultural landadmeasuring Acres 2-04 Guntas, in Sy.No.123/A and Acres O-05 Guntas in Sy.No.122, situated at Maddirala village, ofAnthergaon Mandal, Peddapally District, Telangana State, andentering the name of petitioner in all Revenue Records bycancelling the Pattadar Pass Books and Title Deeds issued infavour of Respondents 5 to 7, and issuing Pattadar Pass Booksand Title Deeds in favour of petitioner, as illegal, arbitrary andunjust and violative of articles 14, and 3004 of the Constitutionof India, and consequentially direct the Respondents 2 to 4 toconsider the representations of the Petitioner dated o1-10-2020 and O9-11-2O2O and conduct enquiry and pass ordersmutating the name of the Petitioner in all Revenue Records,and issue Pattadar Passbooks and title Deeds in respect of landadmeasuring Acres 2-O4 Guntas, in Sy. No, 123/A and Acres O-05 Guntas in Sy. No. 122 situated at Maddirala Village, ofAnthergaon Mandal, Peddapally District, Telangana State andpass such other or further orders..."

2. Heard the learned counsel for the [petitioner, ]the learnedAssistant Government Pleader for Revenue appearing forrespondent Nos.1 to 4 and perused the record

3. The learned counsel for the [petitioner ]wotrld submit thatbehind the back of the [petitioner ]and without [her ][knowledge, ][the]subject land admeasuring Acs.2.04 [guntas ]in Sy.No.123lA [and]Ac.0.05 guntas in Sy.No.122, situated at [lvladdirala ][Village,]Anthergaon Mandal, Peddapally District, [was mutated ][in ][favour]of unofficial respondents herein. [The ][petitioner ][is ][the ][owner ][and]-possesso, of the subject land and Pattadar pass books and title name and [her ][name ][is ][also]deeds were [also ][issued ][in ][her]reflected in the Pahanies'The Petitioner [submltted]the 4th [resPondent/]01.10.2020, [to]representation, [dated]Tahsildar, [Anthergaon]Mandal, andrepresentatlons, [dated]to [the ][2nd ][respondent/District ][Collector' ][Peddapalli]Og.77.2020, District and [the ][3'd ][respondent/Revenue ][Divisional ][Officer']Peddapalli, [requesting ][to ][cancel ][the ][Pattadar pass books ][issued]in favour of the [unofficial ][respondents ][and ][to ][mutate her ][name]in the revenue [records ][in ][respect ][of the ][subject ][land ][No ][action]has been taken by [the ][authorities ][concerned ][on ][those]applications and [ultimately ][prayed ][to ][grant ][the ][relief ][as ][indicated]a bove.

4. On the other [hand, ][the ][learned ][Assistant ][Government]PleaderforRevenuewouldcontendthatthepetitioneriSthe [entries ][in the ][revenue records pertaining ][to ][the]challenging year 1992-1993. The [petitioner ][is ][required ][to ][challenge ][the]same by filing an [appeal before ][the ][appropriate ][appellate]authority.

5. A [perusal ]of [the ][representation, ][dated ][09 ][11 2020']submitted by the [petitioner ][to ][the ][2nd ][respondent/District]Collector, Peddapalli [District, ][reveals ][that ][the ][petitioner ][is]the [entries ][in the ][revenue records pertaining ][to ][the]challenging year 1992-1993. There is [no ][explanation ][from ][the ][side ][of ][the]petitioner with regard to the abnormal [delay ][in ][approaching this]Court. It is culled out [from ][the ][record ][that ][the ][petitioner ][has]

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raised serious dispute with regard to her title and possessionover the subject land against the unofficial respondents. Thosequestions cannot be determined in this writ petition filed underArticle 226 of the Constitution of India. It is apt to state that if,in a petition filed under Article 226 of the Constitution of India,complicated questions of fact which require a regular and full-fledged trial are involved, it is but prudent that the Court shouldrefrain itself From entertaining such petition and relegate theparty to the normal remedy to obtain redress in a suit. Underthese circumstances, the petitioner is relegated to approach thecompetent civil Court and seek appropriate relief or challengethe mutation proceedings before the competent appellateauthorlty.

6, With the above observation, this writ [petition ]is dismissed.No costs.

Miscellaneous [petitions, ]if any, [pending ]in this writ [petition,]shall stand closed.

SD/.N.CHANDRA SEKHAR RAOASSISTANT REGISTRAR,TRUE COPY//SECTION OFFICER

To,

1. One CC to Sri. B. Krishna Kumar, Advocate tOpUCl

2. Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT]3, Two C.D. CopiesPrk,f HIGH COURTDAIED:3111212020

ORDERWP.No.23773 [ol ][2020]

Dismissing the WP.without costs.

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