Telangana High Court
Perumandla Baswaiah vs The State Of Telangana, on 26 February, 2019
Author: Sanjay Kumar
Bench: Sanjay Kumar
HONOURABLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.3933 of 2019
ORDER:
The prayer of the petitioner in this case reads as under:-
"For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of respondent Nos.2 to 4 in considering the petitioner's representations dated 10.08.2018 and 22.10.2018 for mutation of revenue records in the name of the petitioner in respect of the land in Sy.No.342/part admeasuring an extent of Ac.1.26½ guntas situated at Uddemarry Village, Shamirpet Mandal, Medchal District, as illegal, arbitrary, violation of Articles 14, 21 and 300 A of the Constitution of India and to pass such other order or orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case."
Perusal of the registered sale deed dated 12.9.2018 bearing document No.1726/2011 demonstrates that the petitioner along with one Vannala Ramesh purchased the subject land from various persons. It is on the strength of this sale deed that the petitioner now seeks mutation. However, there is no explanation forthcoming as to why the petitioner is independently and separately asking for such mutation leaving out his co-purchaser, Vannala Ramesh. The revenue authorities would not be in a position to act upon such a unilateral application when the sale deed itself indicates that another person has equal rights thereunder along with the petitioner.
The Writ Petition is accordingly disposed of leaving it open to the petitioner to make an application jointly along with his co-purchaser in the prescribed format in Form VIA along with the requisite fee under the provisions of the Telangana Rights in Land 2 SK, J WP.No.3933 of 2019 Dt:26.02.2019 and Pattadar Pass Books Act, 1971, if they seek mutation in the revenue records in relation to the subject land purchased by them under the registered sale deed bearing document No.1726/2011. In the event such a joint application is made, the Tahsildar, Shamirpet Mandal, Medchal District, shall take appropriate action thereon expeditiously and in any event, not later than four weeks from the date of receipt of such application.
Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs.
________________________ JUSTICE SANJAY KUMAR th 26 February, 2019 dr