Telangana High Court
WP/24206/2004 of Mohd. Abdullah Khan S/o Late Hyder Khan Vs The District Collector, Adilabad, on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24206 of 2004 Between: 1 Mohd. Abdullah Khan S/o Late Hyder Khan, R/o Bhuktapur
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24206 of 2004
Between:
1 Mohd. Abdullah Khan S/o Late Hyder Khan, R/o Bhuktapur Locality, Adilabad Town, District Adilabad 2 Rasheeda Begum W/o Mohd. Abdullah Khan R/o Bhuktapur Locality, Adilabad Town, District Adilabad
AND
..... PETITIONERS
1 The District Collector, Adilabad, District Adilabad 2 The Revenue Divisional Officer, Adilabad District Adilabad 3 The Mandal Revenue Officer, Adilabad District Adilabad
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ order or direction or issue an appropriate Writ more particularly one inthe nature of Writ of Mandamus:- (i) directing the respondents herein to issue titledeeds pursuant to Section 6 A of A.P. Rights in Land and Pattedar Pass books Act1971 and its rules, and also enter the names of the petitioners in the pattedar columnof pahani Patrak and other relevant revenue records in respect to the land of thepetitioners herein ie. 5 acres land of petitioner No.1 and another 5 acres land ofpetitioner No.2 situated in Sy. No. 72/4 of Savargaon Village, Mandal and DistrictAdilabad and; (ii) Further direct the respondents not to disturb and dispossess thepetitioners from the above said land and; (iii) Declare the said action of therespondents is illegal, arbitrary and violative of Article 14, 21 and 300-A of theConstitution of India.
For the Petitioners: MR.S.CHANDRASEKHAR, Advocate For the Respondents: GP FOR REVENUE
The Court at the admission stage made the following :
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Revenue and with their consent the writ petition itself is disposed of at the stageof admission.
The petitioners claim to have purchased each an extent of Ac.5-00 of land situatedin Survey No.72/4 of Savargaon Village and Mandal of Adilabad District, in the year1980, from one Chintala Rajanna, who purchased it in the year 1966 from oneRagam Devuga who got the same under an assignment made by the Government inthe year 1952-53, and thereafter, it is stated, the names of the petitioners are notmutated in the revenue records and no pattadar pass books and title deeds areissued in their names, and in the year 1994 when the third respondent-MandalRevenue Officer was trying to dispossess them from the land in the guise of violationof assignment Rules, they filed W.P. No.15233 of 1994, wherein this Court directedthe respondents to conduct an enquiry under the provisions of Act 9 of 1977 as towhether the land in question is an assigned land or not. Their grievance is thatthough in pursuance thereof, the third respondent-Mandal Revenue Officerconducted enquiry, no orders have been passed directing mutation of their names inthe revenue records and issuing pattadar pass books and title deeds to them inrespect of the land.
Having regard to the facts and circumstances of the case, I deem it appropriate todirect the third respondent-Mandal Revenue Officer, Adilabad to pass orders on theenquiry, if any, conducted by him in respect of the land in pursuance of the orders ofthis Court in W.P. No.15233 of 1994, dated 10-06-1999, and if he finds that thepetitioners, in accordance with law, are eligible for pattadar pass books and titledeeds for the land in question, they shall be issued such documents.
With the above direction, the writ petition is disposed of at the stage of admission.No costs.
______________
N.V. RAMANA, J
Date: 27-12-2004
Svv
To
1 The District Collector, Adilabad, District Adilabad 2 The Revenue Divisional Officer, Adilabad District Adilabad
3 The Mandal Revenue Officer, Adilabad District Adilabad 4 Two C.Cs to the Government Pleader for Revenue, High Court Buildings, A.P.,Hyderabad (OUT).
5 Two C.D.copies.