Telangana High Court
Kadavath Laxman vs The State Of Telangana on 17 February, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.3166 of 2021
Date:17.02.2021
Between:
Kadavath Laxman S/o.Govind,
Age : 60 yrs, Occu : Agriculture,
R/o.Velimela Thanda, R.C.Puram (M),
Medak District
.....Petitioner
And
The State of Telangana,
rep by Principal Secretary,
Revenue Department,
Secretariat Buildings,
Saifabad, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.3166 of 2021
ORDER:
Heard. With the consent of learned Counsel for the petitioner and learned Assistant Government Pleader for Revenue, the writ petition is disposed of at the admission stage.
2. According to petitioner, Smt Subhadra Devi was the landlady of land in Sy.No.324 and 326 of Kodankal Village, Shankerpally Mandal, Ranga Reddy (old) District. Petitioner's grandfather Lambada Shakriya was the protected tenant of the said land to an extent of Ac.15.01 guntas in the said survey numbers. He was issued ownership certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy ad Agricultural Lands Act, 1950 (for short 'the Act, 1950') on land to an extent of Ac.15.01 guntas. According to petitioner there was controversy with reference to boundaries of Kodankal Village and Velimela Village. It is now resolved and this land is now forming part of Velimela Village with Sy.No.611/A of Ramachandrapuram Mandal, Sanga Reddy District. The grand father of petitioner died long back. Petitioner contends that his grand father was survived by him and his brother Chandraiah who also died later on 05.09.2012. Petitioner claim to have submitted application to grant succession certificate, but be could not pursue the said application, as a criminal case was launched against him showing him as accused. Later petitioner was acquitted in the criminal case. After acquittal from the criminal case, petitioner made fresh application to the Tahsildar on 28.01.2019 requesting to issue succession certificate, mutate his name in the revenue records on land in Sy.No.611/A -3- and issue pattadar pass books and title deeds. Alleging inaction, on the said application, this writ petition is filed.
3. As rightly contended by learned Assistant Government Pleader for Revenue, petitioner has to cross the first hurdle of satisfying the Tahsildar his claim to have succeeded to late Lambada Shakriya and only if he secures the succession certificate, he can apply for mutation of his name in the revenue records in the place of Lambada Shakriya. As petitioner has not secured the said succession certificate sofar, the question of undertaking mutation exercise and issuing pattadar passbooks and title deeds does not arise.
4. Learned Assistant Government Pleader also points out that in Section 38-E certificate issued in favour of Lambada Shakriya different survey numbers are mentioned as against the survey numbers mentioned by the petitioner in Paragraph No.3 of the affidavit filed in support of the writ petition.
5. Since petitioner submitted application on 28.01.2019, which is filed as Ex.P.1 at Page No.10 of the writ petition paper book, without expressing any opinion on merits, the Writ Petition is disposed of directing the Tahsildar-4th respondent to examine the claim of petitioner as grand son of Lambada Shakriya who claims to have been protected tenant having certificate issued under Section 38-E, to consider the application for issuance of succession certificate in accordance with Section 40 of the Act, 1950 and take further course of action as warranted by law. The entire exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order. While considering the -4- application submitted by petitioner on 28.01.2019, the Tahsildar is also directed to verify the records regarding ownership of late Smt Subhadra and Section 38-E certificate granted to late Lambada Shakriya and if there is no discrepancy in the land ownership of late Subhadra and Section 38-E certificate issued to Lambada Shakriya and if petitioner is found eligible to get succession certificate, appropriate steps shall be taken in accordance with law. If the Tahsildar is not convinced with the claim of petitioner or if there is any discrepancy on the extent of land or the survey numbers, the same fact shall be informed to the petitioner. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 17th February 2021 Rds -5- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.3166 of 2021 Date: 17.02.2021 Rds