VASAM TULASAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) THE petitioner herein seeks a writ of mandamus for declaring the inaction of the respondents in mutating her name in the revenue records and issuing a pattadar pass book and title deed in respect of the land admeasuring Acs.2.26 guntas in Survey Nos. 80, 80/A and 80/B situate at Shanthinagar, Hyderkhanguda Village, Nalgonda Mandal and District, in spite of the written representation submitted by her on 28.10.2014, as illegal, arbitrary, unconstitutional and consequently, to direct the respondents to conduct an enquiry into the matter and to issue pattadar pass book and title deed.

(2.) THE representation said to have been submitted by the petitioner is dated 28.10.2014, but however, it has been received in the Collectorate on 29.10.2014. In less than 10 days time thereafter, the present Writ Petition is filed on 07.11.2014.

(3.) IT is brought to my notice that earlier, the petitioner has filed Writ Petition No. 23679 of 2014 in this Court challenging the validity of the orders passed by the Joint Collector, Nalgonda, in his proceedings, bearing No. E3/2826/2014, dated 28.07.2014, whereby he has not conceded to the request of the petitioner to grant necessary certificate of patta after mutation of her name in the revenue records. That Writ Petition has been heard by My learned Brother Justice Vilas V. Afzulpurkar and it has been dismissed by his judgment dated 15.09.2014. During the course of the said order, the learned Judge has noted that the father of the husband of the petitioner, namely Sri Abdul Rasheed Khan has initiated a Land Grabbing Case in LGC No. 2 of 1996 against the Principal of Little Flower School for recovery of certain land from him. That LGC was dismissed on 25.10.2000 and the Appeal preferred there against was also dismissed holding that the father of the husband of the petitioner sold away the entire extent of land situate in Survey No. 80 to Little Flower Vignana Mandir and consequently, no land was left over for the husband of the petitioner to succeed and this fact was reflected in the revenue records continuously from 1971 to 2013 -14. As per the Khasra Pahani for the year 1954 -55, the Joint Collector, in his order dated 28.07.2014 noted that the total extent of the land available in Survey No. 80 of Nalgonda Town is recorded as Ac.1.20 guntas and it is classified as patta land. Similarly, the total extent of land available in Survey No. 79 is recorded as Acs.3.14 guntas, which is classified as government khariz -e -khata. The father of the writ petitioners husband along with eight others sold away the land of a total extent of Acs.22.28 guntas including the land of an extent of Ac.1.20 guntas, in Survey No. 80. Those particulars were also recorded. It should also be noted that the husband of the writ petitioner herein filed a civil suit, O.S.No. 12 of 2007 seeking a perpetual injunction insofar as 900 square yards is concerned before the Junior Civil Judges Court which suit was dismissed as the petitioner or her husband were not found to be in possession of the said land. The husband of the petitioner filed Writ Petition No. 2961 of 2010 before this Court against the Commissioner, Survey Settlement and Land Records as well as the District Collector complaining of unlawful possession of the land in Survey No. 80 to an extent of Ac.2.20 guntas. Though this Court granted an interlocutory relief on 18.02.2010 in that Writ Petition, subsequently, that order was dissolved. Then Writ Appeal No. 878 of 2010 was filed, which Appeal was dismissed by this Court. Having thus far noted the litigative history, in paragraph 6, my learned Brother has recorded as under: