WRIT PETITIO N NO: 14041 0F 2009 AND 1 pleased to issue any appropriate writ order or d nature of Writ of Mandamus declaring the action Mutating their share of land in the name of the pe Pattadar Pass Books and TiUe Deeds, by conside [ 213e ] ...PETITIONERS irection particularly one in the of the 2nd respondent in not titioners and in not issuing the ring their representation dated IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD -" (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREi_ ' PRESENT THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO Between:. 1. S.Shashikala, D/o. Late S.Gattaiah, Age: 31 years, 2. S.komuraiah @ Kumar Swamy, S/o. Late S.Gattaiah, Age: 29 years, 3. S.Sukanya, D/o. Late S.Gattaiah, Age: 25 years, 4. S.Thirupathi, S/o. Late S.Gattaiah, Age: 23 years, 5. S.Somaiah @ Jagadeswar, S/o. Late S.Gattaiah, Age: 2i years, (All are R/o.H.No.1-3-89, Shanthinagar peddapally Karimnagar District) |L:r,Llr," of A.P., Rep. by its District Coilector, Karimnagar, Karimnagar The Tahsildar / Mandal Revenue Officer, pedda pally Mandal, Karimnagar Silarapu Madanamma. Ctaimed. to be, Wo. Late Gattaiah, Age: 55 years. occ : N I L, R/o. And us u ia pa r ri Fiooipi iii' f n i jlkr'ffi i?,r o i.tri.t Silarapu Ramamma. W/o .!q!e.pochalu, Age: 83 years, Occ Anduguta pali peddapali ( Mt K;rim;;i'oiJir:Ct. "", NIL, Fi/O ...RESPONDENTS Petition under Articre 226 0t the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be 2 3 4 01.08.2008, as arbitrary, ilregar and viorative of Article 14 and 21 of the constitution of rndia and viorative of Section 4 and 5 of the Ap Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the 2nd respondent to amend and mutate the respective Shares of Lands in the names of the petitioners and issue the Pattadar Pass Books and Title Deeds in respect of the shares of the petitioners land by considering their representation dated 01.08.20tr8. Counsel for the Petitioner : SRI CHANDRAIAH SUNKARA Counsel for the Respondents No.1&2 : GP FOR REVENUE Counsel for the Respondents No.3&4 : SRI SHYAM AGRAWAL The Court made the following: ORDER THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.14O41 of 20,09 ORDER: This writ petition is filed seeking the following relief " ... to issue aly appropriate writ order or direction particularly on in the nature of writ of mandamus declaring the action of the 2na respondent in not 'Mutating their share of land in the name of the petiLioners and in not issuing the pattadar pass Books ald Title Deeds, by considering their representation dated 01.08.2008, as arbitrary, illegal and violative of Article 14 and,2l of the Constitution of India and violative of Section 4 and 5 of the Ap Rights in Land and Pattadar Pass Books Act, I971 and consequently direct the 2nd respondent to amend and mutate the respective shares of Lands in the names of the petitioners a.:nd issue the Pattadar Pass Books and Title Deeds in respect of the shares of the petitioners' iand by considering their representation dated 01.08.2008..." 2. Heard Sri Chandraiah Sunkara, learned counsel for the petitioners, Sri Shyam Agarwal, learned counsel for respondent Nos.3 and 4, and learned Assistant Government Pleader for Revenue for respondent Nos.1 ar,d 2. 3. Learned counsel for the petitioners submits that the petitioners submitted a representation on O 1.08.2008 to respondent No.2 requesting them to mutate their respective shares of land in the revenue records and also issuance pattadar pass books and title deeds. In spite of repeated representations, respondent No.2 has not taken any action. At that stage, . !^- the petrtloners approached this Court and Ilted the present writ petition. r 2 4. lt appears from the record that on 18.09.2009, ttris Court while admitting the writ petition granted inteim drrection directing respondent No.2 to consrder and dispose of the representation purportod to have been hled by the petitioners on 01.08.2008 and pass appropriate orders as per law, within a pcriod of four weeks from the date of receipt cf a copy of this order. 5. It further appears from the record that the ofhcial respondents have not filed any counter. 6. Learned Assistant Government pleader submits that the State of Telangana rvhilc repe aling the pattadar pass Books Act, l9,l I , introduced Record of Rights under the Telangana Rights in Land and pattadar Passbooks Act,2O2O (Telangana Act No.9 of 2O2O), and also framed Rules uide G.O. Ms.No.4 Revenue (Assignment-l) Department, datr:d 12.O l.2O2l and by virtuc of the enactment and Rules thereunder, the petitioners have lo make necessary application for mutation of their names in the revenue records and also for issuance of pattadar pass books. 7. Learned counsel for the petitioners submits that the petitioners may be granted liberty to make an application seeking mutation of their names in the revenue records and also for issuance of pattadar pass books. 3 8. Learned counsel for respondent Nos.3 and 4 submits that before issuance of mutation proceedings and pattadar pass books, respondent Nos.3 and 4 may be issued notices. 9. In view of the above said submissions, the writ petition is disposed of granting liberty to the petitioners to make necessary application invoking the provisions of Act No.9 of 2o22 and Rules thereunder and on such application being received, rhe ofhcial respondents are directed to consider the same and pass appropriate orders, after giving opportunity to respondent Nos.3 and 4, in accordance with law, within a period four (4) weeks from the date of receipt of a copy of this order, if not already considered the representation dated O 1 .08.2008 submitted by the petitioners, pursuant to the interim order dated 18.09.2009 granted by this Court. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/. A.PRATHIMA ASSISTANT REGISIRAR ... / q/ SECTION OFFICER 1 . The District Collector, Karimnagar' State of A P''.Karimnaoar District' 2. The Tahsildar / Mandal 'R;ff;; -dil";: 'Pedba Pallv fulandal' Karimnagar District. 3. ff;'6'c to SRI CHANDRAIAH sUNKARA, Advocate' toPUCl ;. i;; E6. t""ci roc nEVer.ruE, Hish court for the state of relansana at Hvderabad. [OUTI 5. 6'";"bCi; dilid n vnrrlt AG RAwAL, Ad vocate' [oPUC] 6. Two CD CoPies. //TRUE COPY// To, BSK PS I I i HIGH COURT DATED:1211212023 CC TODAY f STA|4, 1 4 [Et ?i?] 1$ q Jo() j ORDER WP.No.14041 of 2009 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1,.r/ --'r \ ri J