IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.22762 of 2014 BETWEEN S. Vittal Bai.
AND ... PETITIONER The Government of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and two others.
...RESPONDENTS Counsel for the Petitioner: MR. VENKATESH PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following:
ORDER:
Heard.
2. Petitioner claims that she is a shareholder in the property left by her deceased father-in-law Inkar Mallaiah, after the death of her husband Kasiram, who inherited the land in an extent Ac.14.22 guntas in Sy.No.8/1 of Guruj village, Gudihathnoor Mandal, Adilabad District. Petitioner states that her late husband was looking after the land and after him, she is entitled to the share in the said land.
Petitioner, however, submits that respondents 5 to 8 encroached upon some part of the land and trying to get it regularized in their favour.
Petitioner, therefore, states that she made an application under Section 32 of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short ‘the Tenancy Act’) by approaching respondents 3 and 4 and she also sought for grant of pattadar pass books and title deeds under her written application dated 17.06.2014. Alleging inaction, the present writ petition is filed.
3. The application filed by the petitioner for grant of pattadar pass books and also the application under Section 32 of the Tenancy Act, referred to above, do not appear to be in accordance with the Rules. The copies of the applications annexed to the writ petition show that they are only in the shape of representations. For the purpose of securing pattadar pass books, it is necessary for the petitioner to apply in the prescribed form in Form VI-A in accordance with Rules 18 and 19 of the Rules framed under the A.P. Rights in Land and Pattadar Pass Books Act. Similarly, for application under Section 32 of the Tenancy Act, the petitioner has to apply in terms of the Rules framed thereunder. The representations filed by the petitioner, as referred to above, therefore, cannot be considered as due compliance with the Rules and as such, liberty is granted to the petitioner to make appropriate applications in terms of the Rules, referred to above.
The writ petition is disposed with the liberty aforesaid.
To the extent of application for grant of pattadar pass books and title deeds, the petitioner is at liberty to approach the fourth respondent by making appropriate application, which shall be considered by the fourth respondent on its own merits and he shall pass appropriate orders thereon expeditiously.
Further, if any application under Section 32 of the Tenancy Act is filed before the fourth respondent, the same will have to be enquired into and disposed of by the fourth respondent in accordance with law. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 4, 2014 DSK