Telangana High Court
WP/24605/2004 of Nagula Vijaya Lakshmi, Vs The Mandal Revenue Officer, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 24605 of 2004 Between: Nagula Vijaya Lakshmi, W/o. Balagound, R/o. Vallampahad
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO: 24605 of 2004
Between:
Nagula Vijaya Lakshmi, W/o. Balagound,
R/o. Vallampahad Village, Karimnagar Mandal and District.
AND
... PETITIONER
1 The Mandal Revenue Officer, Karimnagar Mandal & District.
2 The Panchayat Secretary, Vallampahad village Karimnagar Mandal and District.
...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 more in the nature of Writ of Mandamus directing therespondent No.2 herein to consider the dispose the representation dt. 27-11-2004which was filed for incorporation of my name in Column No.12 of the Pahani asowner and pattedar in respect of the land in Sy.NO. 165 (old) 165/2 & 165/3 (New)extent Ac.3.00 situated at Vallampahad Village, Karimnagar Mandal and District byduly declaring the inaction on the part of the 2nd respondent in not incorporating myname in coloumn NO.12 of Pahani as illegal, arbitrary and contrary to the provisionsof A.P. Rights in Land and Pattadar Pass Books Act, 1971.
Counsel for the Petitioner: MR.V.RAVI KIRAN RAO
Counsel for the Respondents: GP FOR REVENUE
The Court, at the admission stage, made the following:
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ORDER:
This writ petition is filed seeking a Mandamus declaring the action of the 2[nd]respondent in not considering the representation of the petitioner dated 27-11-2004to incorporate her name in Column.12 of pahani as arbitrary and illegal.
2. Heard the learned counsel for the petitioner and the learned Government Pleaderfor Revenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of at the admission stage.
3. Petitioner claims to be the owner and possessor of the land in an extent of Ac.3.00guntas in Sy.No.165, situated at Vallampahad village, Karimnagar Mandal,Karimnagar District. On petitioner intimating the first respondent about his ownershipover the property, first respondent, vide Memo No.B1/996/94 dated 05-01-1996 directed the second respondent – Panchayat Secretary to takenecessary action for incorporation of the petitioner’s name in the Revenue records,who in turn, issued pattadar passbooks and title deeds in respect of theaforementioned land, in her favour.
4. It is stated that in spite of producing the pattadar passbook and title deed beforethe second respondent, he failed to incorporate the name of the petitioner as ownerand pattadar, but only incorporated his name as possessor and enjoyer of the saidproperty in the Revenue records. Aggrieved thereby, petitioner said to have filed anapplication dated 27-11-2004 to the second respondent to incorporate her name inColumn No.12 of the pahani, but the second respondent failed to take any actionwhatsoever on the request of the petitioner.
5. In view of the fact that the application dated 27-11-2004 is pending on the file ofthe second respondent, I deem it appropriate to dispose of the writ petition with thefollowing direction.
6. The second respondent – Panchayat Secretary is hereby directed to consider the application of the petitioner dated 27-11-2004 and dispose of the same, expeditiously, in accordance with law.
The writ petition is accordingly disposed of at the admission stage.
____________________N.V. RAMANA, J
December 29, 2004MRR / SVV
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
Copy to:1 The Mandal Revenue Officer, Karimnagar Mandal & District.2 The Panchayat Secretary, Vallampahad village KarimnagarMandal and District.3 Two C.C. s to the G.P. for Revenue, High Court Buildings,Hyderabad (OUT)
1 The Mandal Revenue Officer, Karimnagar Mandal & District.
2 The Panchayat Secretary, Vallampahad village Karimnagar 4 Two C.D. Copies.