Telangana High Court

WP/24389/2004 of Prem Kishan Pershad S/o late Hari Kishan Pershad Vs The Mandal Revenue Officer, Revenue Mandal on 28 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24389 of 2004 Between: 1. Prem Kishan Pershad, S/o late Hari Kishan Pershad, resident

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24389 of 2004

Between:

1. Prem Kishan Pershad, S/o late Hari Kishan Pershad, resident ofRasoolpura, Secunderabad – A.P.Rasoolpura, Secunderabad – A.P.

2. Raj Kishan Pershad, S/o Hari Kishan Pershad, resident of Rasoolpura,Secunderabad – A.P.Secunderabad – A.P.

Through their G.P.A.

MantrigariNarayan Goud, S/o Lingamaiah, resident of H.No.23-6-161, Hari BowliShah Ali Banda, Hyderabad – A.P.

..... PETITIONERS

AND

The Mandal Revenue Officer, Revenue Mandal Shameerpet, Rangareddy District.

.....RESPONDENT

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 Writ of Mandamus or any other appropriate writ, order or direction declaringthe inaction of the respondent to implement the mutation proceedings in FileNo.B/703/2002, dated 02.11.2002 and not issuing Pattedar Passbook and title deedas per petitioners’ application dated 20.2.2004 in respect of the said land bearingS.No.441 extent Ac.7.07 guntas situated at Village Devaryamjal, Revenue MandalShahmeerpet, District Rangareddy illegal arbitrary and unconstitutional andconsequently the respondent may be directed to mutate the names of the petitionersandalso to issue Pattedar Passbook and Title deed in respect of the said land infavour of petitioners in the interest of justice.

Counsel for the Petitioners: MR.MOHD. GHULAM HUSSAIN

The Court, at the stage of admission, made the following:

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ORDER:

The petitioners claim to be owners and possessors of the land admeasuring Ac.7.07Guntas situated in Survey No.441 of Devaryamjal village, Shahmeerpet Mandal,Rangareddy District, having inherited the same from their aunt, namely, Har KunvarPershad. It is stated that on the application filed by the petitioners, the respondent-Mandal Revenue Officer issued proceedings No.B/703/2002, dated 02.11.2002 tomutate the names of the petitioners in the revenue records in respect of the saidland. The grievance of the petitioners is that even after issuance of said proceedingsand in spite of their filing application dated 20.02.2004, the respondent-MandalRevenue Officer has not taken any action to mutate their names as pattadars in therevenue records and to issue pattadar passbooks and title deeds in respect of theland in question. Hence, they filed the present writ petition.

Heard the learned counsel for petitioners and learned Government Pleader forRevenue. Both counsel agreed for disposal of the writ petition at the stage ofadmission.

Since the representation of the petitioners dated 20.02.2004 is said to be pendingconsideration before the respondent-Mandal Revenue Officer, without going into themerits of the matter, I deem it appropriate to dispose of the writ petition with adirection to the respondent-Mandal Revenue Officer to consider the same and passappropriate orders thereon in accordance with law.

With the above direction, the writ petition is disposed of at the stage of admission.No costs.

Date: 28.12.2004Nsr/Tvk

// TRUE COPY //

________________(N.V. RAMANA, J)

.... REGISTRAR

SECTION OFFICER

To

1. The Mandal Revenue Officer, Revenue Mandal Shameerpet, Rangareddy District.

2. Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT)

3. Two CD copies.

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