HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.12566 OF 2006 Friday, the 25th day of September, 2009 Between: Md. Jahangeer Khan. …Petitioner. And: 1. The Deputy Collector and Mandal Revenue Officer, Balanagar Mandal, Kukatpaly, R.R. District and another. ….Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.12566 OF 2006 ORDER: This writ petition is filed by the petitioner seeking to declare the action of the respondents in not considering the claim petition filed by the petitioner dated 19-07-2005 as illegal, arbitrary and contrary to the provisions of R.O.R. Act and consequentially, direct the respondents to consider the claim of the petitioner for supply of documents relating to the property of an extent of Ac.2.28 Guntas in R.S.No.28/1 and 28/2 of Begumpet village, Balanagar Mandal. The case of the petitioner in brief is as follows: The petitioner is the owner of the land to an extent of Ac.2.27 Guntas situated in R.S.No.28/1 and 28/2 in Begumpet village, Balanagar Mandal, R.R. District. Originally, Sri Hazartulla Khan was the original pattedar of the land in question. The said Khan alienated the property in favour of Md.Rustum Ali Khan on 12-12-1955. By that time, he was a protected tenant of the agricultural wet land in Sy.No.28/1 of an extent of Ac.1.21 Guntas and Sy.No.28/2 of an extent of Ac.1.06 Guntas. Thereafter, the said Rustum Khan, who is no other than the petitioner’s grandfather executed a gift deed in his favour on 05-04-1956. Since the land is situated within the limits of Hyderabad City, some encroachers have applied for pattadar passbooks. To establish the right of the petitioner over the schedule land, he presented an application dated 19-07-2005 for phanis. Again he filed another application for supply of copies in respect of protected tenancy register of Begumpet village. If the respondents do not consider the application of the petitioner for supplying the documents i.e., pahanis in question, he will be put to irreparable loss and hardship. Hence, the writ petition. No counter has been filed by the learned Government Pleader for Revenue. Heard the learned counsel and perused the material available on record. The main grievance of the petitioner is that he is claiming right over the property. Some encroachments have been made and the said encroachers have also made an application for issuance of pattadar passbooks. Hence, to ascertain the rights of the petitioner over the property, he applied for issuance of the certified copies of the protected tenancy register of Begumpet village. But, the respondents have not supplied the same. But in response to the representation dated 19-07-2005 submitted by the petitioner to the Deputy Mandal Revenue Officer, Balanagar Mandal, he issued a memo to the petitioner which reads as under: “With reference to the application cited, it is informed that the Protected Tenancy Register of Begumpet is not available in this office at present, as it was sent to Revenue Divisional Office, Chevella Division. Soon after receipt of the same from the R.D.O., Chevella Division, the request of the petitioners will be considered.” According to the said memo, since the relevant register was not available and it was sent to R.D.O., the claim of the petitioner can be considered soon after receipt of the said register. Having regard to the facts and circumstances of the case and having regard to the relief sought for by the petitioner keeping in view of the memo issued by the Deputy Mandal Revenue Officer, Balanagar, I feel it just and proper to direct the respondents to consider the representation of the petitioner. Accordingly, the writ petition is disposed directing the respondents to consider the representation of the petitioner relating to the property to an extent of Ac.2.28 Guntas in R.S.No.28/1 and 28/2 of Begumpet village, Balanagar Mandal and pass appropriate orders in accordance with law within a period of two months from the date of receipt a copy of this order. No order as to costs. ________________________ Justice G.CHANDRAIAH Dated 25th September, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.12566 OF 2006 Dated 25th September, 2009.