M Y MAHARSHI Vs. DISTRICT COLLECTOR MAHEBUBNAGAR

JUDGEMENT

(1.) THE appellants herein are the unsuccessful petitioners, who sought to invoke the extraordinary jurisdiction under Article 226 of the constitution of India aggrieved by the' orders of the learned Single Judge in W. P. No. 6598 of 2007, dated 22. 4. 2007 dismissing their writ petition where they sought for mandamus directing the 2nd respondent herein to dispose of the revision petition stated to have been filed by them vide D1/ 3/2007/di/ror/848 under Section 9 of the andhra Pradesh Rights in Land and Pattadar pass Books Act, 1971 as expeditiously as possible.

(2.) THE grievance of the petitioners, in short, was that even though they filed the said revision on 8. 2. 2007, the same is not being disposed of and therefore they sought for expeditious disposal. The learned single Judge did not accede to the said relief on the ground that extraordinary jurisdiction under Article 226 of the constitution of India cannot be exercised for such purpose whereby imposing specified time on the authorities, which cannot be found place in the statute, and especially, there being no inordinate delay as such on the part of the said authority in taking up the proceedings, no direction can be given.

(3.) THE brief facts, which gave rise to the present proceedings, especially, as alleged in the affidavit sworn to by the petitioner no. 1 in support of the writ petition are that the petitioners are the owners and possessors 2009 (6)FR-F-7 of the land to an extent of Acs. 10-07 gts in sy. No. 305/2 situated at Penjerla Village and gram Panchayat, Kothur Mandal, mahabubnagar District, having purchased the same under registered sale deed under document No. 20454/2006 dated 19. 10. 2006. According to the petitioners, the land originally belongs to one Smt. Zainab Begum and her husband predeceased her. She died in the year 1975 leaving behind her one mr. Syed Fazal Hussain Khan as sole legal heir whose petition in O. P. No. 391/2006 on the file of VIII Junior Civil Judge, City civil Court, Hyderabad was decreed on 26. 4. 2006 holding that he is the sole surviving successor son of Smt. Zainab Begum. Accordingly, he seems to have filed an application for issuance of pattadar pass books on 9. 9. 2004. Later the said Mr. Syed fazal Husain Khan executed an agreement of Sale-Cum-General Power of attorney vide registered Doc. No. 867/2007, dated 22. 8. 2006 in favour of the 2nd appellant, who in turn executed a sale deed in favour of the petitioner No. 1 vide registered document dated 19. 10. 2006. Since, no action was taken for issuance of pattadar pass books, proceedings were initiated and the petitioner No. 1 seems to have filed a revision before the 2nd respondent herein on 8. 2. 2007. The grievance of the petitioners is that even though there is a persuasion all along even from the side of his vendors and the original owners, however, no action is taken; hence they sought for a direction to issue pattadar pass books and dispose of the said revision. The writ petition has been filed on 22. 3. 2007.