Madarapu Jalapathi Rao Vs The Revenue Divisional Officer and 4 others

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order, or Direction, more particularly one in nature of writ of MANDAMUS directing the Respondent No.l to consider and dispose of the Petitioners representation dated 12-11-2o2lpertaining to transfer of Petitioners Appear before 1st Respondent fited undersection s B of A.p Telangana Rights in Land and Pattadar Pass Book Act, 1g71 (old) on 1g-B-2020 against the order of Mutation and issuance of Pattadar pass Book and Tifle Deed in favour of some third parties for the agricultural tand in sy.No.445l2 admeasuring Ac-O.14 guntas of land in Muppirithota Viltage, Eligada Mandal, Peddapalli District on the file of Respondent No.3 and consequengy declare the inaction of the Respondent No.1 in disposing the representation of the petitioner dated 12-11-2021as bad in law and vblative of principles of naturaljustice. tA NO.l 2022

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Petition under Section 151 cPc praying that in the circumstances stated in the affidavit filed in support ot $rBjlEtition, the High court may be pteased to direct the Respondent No.1 to consider and dispose of the representation of the

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'Petitioner dated 12-11-2021, in the interest of Justice, pending Disposal of the Writ Petition.

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Gounset for the^petitioner: Ms. N.v.R. RAJYA LAKSHMT

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Gounselforthe Respondents: Gp FOR REVENUE

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The Court made the following: ORDER

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(

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THE HON'BLE SRI JUSTICE E.V.VENUGOPAL UTRIT PETITION No.2OO51 of 2ol22

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(orr'flrfif

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This Writ Petition, under Article 226 of the Constitution of lndia, is filed seeking the following relief:

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o....to issue a Wit Order or Direction more . paftianlarly one in nature of Writ of MANDAilttIS directing tle Respondent No.7 to ansid.er and. dispose of tlrc Petitioner's repre sentation dated 1 2. 1¹ . 2 02 lpertaining to transfer of Petitioner's Appeal before Ist Respond.erytftted. under Section 5 B of A.P Telangana Rights in IaM and Pattad.ar Pass Book Act, 7971^pW on 78:'8.202'O^ggainst the order of Mutation and issuane of Pottadar Pass Book and Title Deed in fauour of some third::Partbs'for;t1,ue;'^' agicultural land in Sy.lVo.445/2 admeasurihg Ac.O.14 guntas of land in Muppiritlata Vihage, Elijadd'Mandal, Peddapalli Distict on tle file of Respo4.f,e4t N93 and consequently declare tlrc inaction of tlee Respgndertt No¹ in disposing the representation of the Petitbne.r dated 12.11.2021 as bad in law and uiolatiue of prirrciples of natural justie in the interest of Justie and pass....'

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2 The brief facts of the case are that the petitioner herein is the absolute owner and possessor of land to an extent of Ac.O.28 guntas in Sy.No .445, situated at Muppirithta Village, Eligada Mandal, Peddapalli District. Accordingly, pattadar passbooks and title deeds were issued. During the land records updating programme undertaken the

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Government the petitioner w€.g issued 18 certificates and Patkrdar Passbooks for his land in other survgy numbers but he vras not issued pattadar passbook for Sy.No.44S, upon enqrdry, he came to know that the land in Sy.No .445 to an exterrt df Ac.o.28 guntas was mutated in the name of some thirct parties. No notice or opportunity was issued to the petitioner white mutating the names of third parties. '. Immediately, petitioner submitted an apptication to the Tahsildar, Eligad on 28.o5 .2o2o to rectify the mistake along with all relevant documents pertaining to my ownership: The Tatrsildar uide Lr.No.B / 5tl / 2o2o directed the petitioner to,approach the Revenue Divisional Officer, peddapallf, by way of an Appeal. After obtaining necessary information, ttre petilioner filed Appeal under Section SB of ROR Arf,, (Repealedl 1971' before respondent No.1 through my counsel challenging the o,rder of Mutation and issuance of pattadar pasr;book and title deed in favour of third parties pertaining to land to an extent Ac.O.14 guntas in Sy.N.o.44S/1, Sy.llo.445/2 respectively as the same was mutated without any notice or opportunity to the petitioner.^'Due to covid-19

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e,v

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pa.ndamic there was no physical filing, tJ:e petitioner dropped '' , j :, the Appeal in the drop .'.,. ,:' box :; in the ,,.,., year 2020. .. The. . ',+il, appeal was neither heard nor transferred. Aggrieved by the''" sarne, the petitioner made a representation on L2.LL.2O2L to:,:1. respondent No.1 to transfer the Appeal to the Special Tribunal. But the respondent-authorities have not acted upon the same. Hence, the present writ petition.

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3 Heard learned counsel appearing for the petitioner.and learned Assistant Government Pleader, for , Reyerilre, appearing for respondent Nos.1 to 5 and perused the reeord.. , , , ., , ,^- ,^:i;," 4. rr the, pehiti&ier"i'iti6iilii submit that despite receiving the said represent4t'ion;i reSfibndent authorities did not act upon the same. Hence, seeks liberty of this Court to file fresh Appeal before the Revenue Divisional Officer for appropriate adjudication of the matter

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karned Assistant Government Pleader for Revenue

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takes no objection to the same.

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In the light of the aforesaid submissions, this writ petition is disposed of granting liberty to the petitioner to lile aftesh Appeal before the revisional authority - respondent l' No.l constituted under Section 15(1) of the Bhu Bharathi Act, 2V25, who shall, in turn, afford a.n opportunity of . hearing to tJ:e petitioner and all concerned parties as by procedure established by law and upon examination of the records pass appropriate orders in accordance with law, as expeditiously as possible, preferably within six months from tJ:e date of receipt of a copy of this order. There shatl be no orde:r as to costs.

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As a sequel, miscellaneous petitions, if any, pending

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shal.l stand closed.

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,TTRUE^COPY"

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VIJAYA^rA)ffir ANT OFFICER

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