Telangana High Court
Pittala Venkataiah vs The State Of Telangana And 2 Others on 10 February, 2022
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
W.P.No.7099 OF 2022
ORDER:
Heard learned counsel for petitioner and the Assistant Government Pleader for Revenue.
2. This writ petition is filed to declare the action of the 3rd respondent is not considering and disposing of the petition filed by the petitioner and others under Section 40 of the Tenancy Act, 1950, seeking succession of the PT rights in respect of the agricultural land in Sy.Nos.82, 83, 84, 85, 86, 90, 91 and 116, total admeasuring Ac.16- 00 guntas at Raghavapur Village, Rajapur Mandal, Mahabubnagar District, as illegal and arbitrary.
3. It is stated that one Pittala Buchaiah was the protected tenant of the land in question and after his death, the petitioner, being his grandson, has succeeded to the protected tenancy rights and, accordingly, he has submitted an application on 05.03.2019 under Section 40 of the said Act for grant of succession certificate. However, no action was initiated by the 3rd respondent. The petitioner has sent reminder to the 3rd respondent by way of representation dated 10.01.2020 for issuing succession certificate. However, in view of Circular Memo dated 07.09.2020 issued by the Chief Commissioner of Land Administration directing the revenue authorities not to deal with the land case, the application of the petitioner is not being taken up by the 3rd respondent. It has been held in W.P.No.36311 of 2021 dated 08.12.2021 that Circular dated 07.09.2020 is only related to the Telangana Rights in Land and 2 Pattadar Pass Books Act, 1971 but not for matters arising under the Tenancy Act and Inams Abolition Act.
4. Therefore, this writ petition is disposed of directing the 3rd respondent to pass orders on the application submitted by the petitioner on 05.03.2019 for grant of PT rights, without reference to Circular dated 07.09.2020 issued by the Chief Commissioner of Land Administration, within a period of three months from the date of receipt of a copy of this order. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
_____________________ B. VIJAYSEN REDDY, J 10.02.2022 Prv 3