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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SARATH, J
Mubarak – Appellant
Versus
The State of Telangana – Respondent
Writ Petition No.28689 of 2018
For the Appellants/Petitioners: [Not mentioned]
For the Respondents: [Not mentioned]
The right to approach revenue authorities for record correction post adjudication in civil matters is affirmed.
Headnote:This judgment concerns a writ petition filed under Article 226 of the Constitution of India seeking relief against an order declared illegal and arbitrary under The Telangana Rights In Land And Pattadar Pass Books Act, 1971. The petitioners sought to correct revenue records after a civil suit. The court ruled to allow petitioners to approach revenue authorities after the pending civil case. The court did not assess the merits of the matter.
Result: The writ petition is disposed of granting the mentioned liberty.
| Table of Content |
|---|
| 1. jurisdiction for land matters via writ (Para 1) |
| 2. liberty to pursue revenue alterations post civil adjudication (Para 2 , 3) |
| 3. ruling without merits examination (Para 4) |
ORDER:
This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“...to issues an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the order passed by the respondent No.2 in revision Case No. B2/151/2018, dated 13-07-2018 as illegal, arbitrary, void and contrary to The Telangana Rights In Land And Pattadar Pass Books Act, 1971 and consequently set aside the same and further direct the respondents to issue paattadar Pass Books and Titile Decd and enter the names of the petitioners in the concerned revenue record in Sy No.15 to an extent of Ac 2.28 Guntas (Ac. 1.14 guntas each) Situated at Naspur Village, Mancherial Mandal, Macherial (Adilbabad)
District...”
2. Heard Learned Counsel for the petitioners, learned Assistant Government Pleader for Revenue and learned counsel appearing for the unofficial respondents and perused the material available on record.
3. After arguing for some time, learned counsel for the petitioners submits that the petitioners filed O.S.No.91 of Mancherial for declaration of title and consequential injunction restraining the unofficial respondents herein and others from interfering with the peaceful possession of the petitioners over the suit schedule property admeasuring Ac.01-14 guntas each in total Ac.02-28 guntas situated in Naspur Village, Mancherial Mandal, Adilabad District. In view of the same, requested this Court to grant liberty to approach the revenue authorities for correction of entries in the revenue records, after disposal of O.S.No.91 of 2016 on the file of Principal Senior Civil Judge at Mancherial.
4. In view of the submissions made by both sides, without going into merits of the case, this writ petition is disposed of granting liberty to the petitioners to approach the revenue authorities for correction of entries in the revenue records after disposal of O.S.No.91 of 2016 on order as to costs.