WP/29021/2019 of Rentapalli Ramaswamy and 26 others Vs The State of Telangana and 3 others on 31 December 2019

ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents.

2. Petitioners claim that they have succeeded to their family properties and are in possession and enjoyment of the said properties. While so, with reference to some of the family members, pattadar passbooks and title deeds were issued, but for others even pattadar passbooks were not issued and their names were not mutated in the revenue records. Requesting to mutate their names in the revenue records and for issuance of pattadar passbooks and title deeds, representations dated 24.10.2019 were made before the District Collector, Khammam District, Revenue Divisional Officer, Khammam District, and the Tahsildar, Khammam Urban Mandal, respondents 2 to 4, respectively. Alleging inaction on the said representations, this Writ Petition is filed.

3. From the material on record, it is apparent that consequent to demise of grand father and father of the petitioners, the names of successors were not mutated in the revenue records. Admittedly, issuance of pattadar passbooks would arise only after mutation exercise is completed and pattadar passbooks would reflect the entries made in the revenue records and not otherwise. Apparently, so far petitioners have not applied for mutation of their names in the revenue records under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, Act (for short, ‘the Act’) and the Rules made thereunder. Without applying for mutation as per the procedure prescribed, the petitioners cannot claim that the Tahsildar is not acting upon their representations and not mutating their names in the revenue records. Therefore, the relief sought in the Writ Petition cannot be granted.

4. The Writ Petition is accordingly disposed of leaving it open to the petitioners to make applications in the prescribed procedure in Form VI-A through online web portal. As and when such applications are made, the Tahsildar shall consider the same strictly in accordance with the procedure envisaged in the Act and the Rules made thereunder and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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P.NAVEEN RAO, J

Date:31.12.2019

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