2024 Supreme(Online)(TEL) 1811
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.34787 OF 2023
ORDER
This writ petition is filed by the petitioner - Mrs. Bandapalli Veeramma seeking to declare the Proceedings No.B/239/2017 dated 21.09.2017 passed by respondent No.3 - the Tahsildar, Zaffergadh Mandal, Zaffergadh, Jangaon District, as illegal and arbitrary; and to set aside the same directing respondent No.3 to issue pattadar pass book in her favour in respect of the lands covered by Survey Nos.75, 147/A, 149/A, 149/B, 149/C, 159/A and 169/C admeasuring Acs.5-06 guntas, Acs.2-30 guntas, Ac.0-31 guntas, Ac.0-13 guntas, Ac.0-14 guntas, Ac.0-18 guntas and Acs.2-00 guntas respectively, total Acs.11-32 guntas, situated at Obulapuram Village, Zaffergadh mandal, Jangaon District.
2.1. The case of the petitioner is that she has purchased the subject lands covered by Survey Nos.75, 147/A, 149/A, 149/B, 149/C, 159/A and 169/C admeasuring Acs.5-06 guntas, Acs.2-30 guntas, Ac.0-31 guntas, Ac.0-13 guntas, Ac.0-14 guntas, Ac.0-18 guntas and Acs.2-00 guntas respectively, total Acs.11-32 guntas, situated at Obulapuram Village, Zaffergadh mandal, Jangaon District, under the ordinary (sada) sale deeds dated 15.03.1975,
10.03.1978, 05.03.1978, 06.02.1970, 06.02.1970, 02.02.1970 and 05.02.1970 respectively.
2.2. It is submitted that in 1998, the petitioner has applied for regularisation of sada sale deeds under Section 5-A of the Telangana Rights in land and Pattadar Pass Books Act 1971 (ROR Act 1971). During enquiry under Section 5-A(2) of the ROR Act 1971, the petitioner submitted original sada sale deeds before respondent No.3 who after issuing notice to the vendors of the petitioner and after due enquiry, issued proceedings under Ex.P-3 in R.C. No.ROR/951 dated 27.02.2003 in Form - XIII(A) under Section 5-A(2) Rule 22(5)(i) of ROR Act 1971 and Rules 1989 and forwarded the same to the Sub-Registrar, Ghanpur Station.
As per the directions of respondent No.3, the petitioner paid Rs.635/- (Rupees six hundred and thirty five only) towards registration charges and Rs.7,200/- (Rupees seven thousand two hundred only) towards stamp duty and submitted original challan issued by the Sub-Registrar, Ghanpur Station in the office of respondent No.3, and requested respondent No.3 to enter the name of the petitioner in the adangal and issue pattadar pass book and title deed in respect of the subject lands.
2.3. It is submitted that the petitioner submitted an application dated 14.11.2006 but the same was not considered by respondent No.3. Then, the petitioner filed W.P. No.6734 of 2007 before this Court and the same was disposed of by this Court by the order dated 13.02.2007 directing respondent No.3 to consider the case of the petitioner within a period of two months therefrom.
Since the said order was not complied by respondent No.3, the petitioner filed C.C. No.1537 of 2017 which was closed on passing the impugned order by respondent No.3 rejecting the claim of the petitioner.
2.4. It is stated that the petitioner has submitted all the original documents during enquiry under Section 5-A(2) of the ROR Act 1971 before respondent No.3 who conducted enquiry as contemplated under Rule 22 of the Rules 1989 and issued Form - XIII-A directing the petitioner to deposit registration fee and stamp duty in accordance with the provisions of the Indian Registration Act 1908 and the same was paid by the petitioner.
Pursuant to the notice dated 27.03.2017, the petitioner sent representation dated 04.04.2017 informing respondent No.3 that all the originals of sada sale deeds and also challan were handed over in the office of respondent No.3. Pursuant to the notice dated
21.08.2017, the petitioner appeared personally on 30.08.2017 and informed about submission of original sada sale deeds and challans issued by the Sub-Registrar, Ghanpur Station. Respondent No.3 rejected the claim of the petitioner by the impugned order on the ground that the petitioner failed to produce any d