Dismissed

Anwar Khan v. The State of Telegana

Telangana HC18 Aug 2017WP/27536/2017

Case brief

AI extract

What is this about?

The petitioner challenged the Tahsildar's alteration of his father's land status from ex-service man assignment to KARIJ KATHA. The court held the Tahsildar is the original authority and no appeal lies against him under the Act, dismissing the writ as not maintainable.

What did the court decide?

The writ petition was dismissed; the petitioner is advised to approach the Revenue Divisional Officer.

Anwar Khan Vs The State of Telegana — Land Acquisition | Telangana HC (2017)

¶1

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶2

WRIT PETITION No.27536 OF 2017

¶3

DATED : 18.08.2017

¶4

Between :

¶5

Anwar Khan S/o.Late Nageena Khan, Aged about 50 yrs, Occu : Business, R/o.Rajivnagar, Temple Alwal, Near Alwal Railway Station, Secunderabad.

¶6

.. Petitioner

¶7

And

¶8

The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others

¶9

.. Respondents

¶10

This court made the following :

¶11

¶12

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶13

WRIT PETITION No.27536 OF 2017

¶14

ORDER :

¶15

Heard.

¶16

According to the petitioner Ac.5-00 of land in Sy.No.947, of Jawaharnagar Village, Kapra Mandal, Ranga Reddy district, was assigned to his father by the erstwhile Government of Hyderabad to rehabilitate him, as he was an ex-service man and accordingly patta was granted and his name was mutated in revenue records. While so, without prior notice or opportunity, the Tahsildar, Kapra Mandal, Medchal District, altered the revenue records changing the status of property from that of an assignment to ex-service man by the erstwhile Government of Hyderabad, to KARIJ KATHA. Petitioner contends that such action is illegal. Aggrieved thereby petitioner preferred appeal under the A.P. Rights in Land and Pattedar Pass Books Act 1971 (for short ‘the Act, 1971’) to Tahsildar in May, 2017. But the said appeal is yet to be disposed of.

¶17

The facts on record would disclose that petitioner has grievance in changing the status of the property claimed to have been assigned to his father by the Tahsildar. If what is contended by the petitioner is true, an appeal would lie to the Revenue Divisional Officer under Section 5 (5) of the Act, 1971. The Tahsildar being the original authority who claims to have altered the revenue records, no appeal would lie to the same authority. Therefore, no direction to the very same authority to dispose of the

¶18

¶19

appeal or to correct the revenue records can be issued. The prayer sought in the writ petition is not maintainable and the writ petition is liable to be dismissed.

¶20

Accordingly, the Writ Petition is dismissed. However, it is open to the petitioner to avail the remedies as available in law, including preferring of appeal, if so advised. There shall be no order as to costs.

¶21

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

¶22

__________________ P.NAVEEN RAO,J

¶23

18^th August, 2017 Rds

Anwar Khan v. The State of Telegana

Case brief

What is this about?

What did the court decide?

Anwar Khan v. The State of Telegana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kantipudi Veerraju, Vs Nagedi Meera Saheb, (died)

Mrs. Pirlamarla Arundathi , Aruna P Gupta, Vs The State of Telangana

Imandi Mallaiah Vs State of Andhra Pradesh

Talla Hari Kishan Vs State of Telangana

Bonthu Vijayalakshmi , Beela Manga Satya Kanakadurga Vs State of Andhra Pradesh

Naseema Begum, W/o Md.Ehateshamul Huq, D/o. Mohammad Vs The State of Andhra Pradesh, Rep. by its Principal