Telangana High Court

WP/28428/2008 of N. Venkateshwar Rao Vs The Tahsildar on 29 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28428 of 2008 Between: N. Venkateshwar Rao S/o. Seetha Ram Rao R/o. Thonda

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28428 of 2008

Between:

N. Venkateshwar Rao S/o. Seetha Ram Rao

R/o. Thonda Village, Thirumalgiri Mandal, Nalgonda District.

..... PETITIONER

AND

The Tahsildar, Thirumalgiri Mandal,

Nalgonda District.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate writ or order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of the respondentin not conducting enquiry on the applications submitted by the petitionerdt.13-08-2008, 30-08-2008, 12-09-2008 as provided U/Sec. 5 of the A.P.Rights in land and Pattadar Pass Books Act, 1971 and Rules madethereunder as illegal, arbitrary and consequently direct the respondent toconduct necessary enquiry upon the applications submitted by the petitionerdt.13-08-2008, 30-08-2008, 12-09-2008 and mutate the name of the petitionerin the patta column in respect of land in Sy.No. 461 to an extent of Ac.5-25gts. situated at Thonda Village, Thirumalagiri Mandal, Nalgonda District, andissue pass books in his favour.

Counsel for the Petitioner:MR.A.PRABHAKAR RAO

Counsel for the Respondent No.: GP FOR REVENUE

The Court made the following :

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ORDER:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28428 of 2008

Petitioner claims that with regard to Ac. 5.25 guntas in Survey No. 461ofThonda Village, Thirumalagiri Mandal, Nalgonda District,he has filed anapplication for mutation of patta as well as for issuance of pattadarpassbooks. According to the petitioner, though he has made representationsdated 13.8.2008, 30.8.2008 and 12.9.2008, the respondent has not takenaction and aggrieved by the said inaction, the present writ petition is filed.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader and with the consent of both the learned counsel, thewrit petition is disposed of keeping in view the limited grievance of thepetitioner.

In the facts and circumstances, the writ petition is disposed of with adirection to the respondent to consider and pass appropriate orders onpetitioner’s application for mutation and grant of pattadar passbook afterfollowing the due procedure and after giving notice to the persons concernedin accordance with law and after giving an opportunity of hearing to thepetitioner, as expeditiously as possible, preferably within a period of twomonths from the date of receipt of a copy of this order. No costs.

_____________________

DATE: 29[th] December, 2008

pnb

VILAS V. AFZULPURKAR,J

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