HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.6653 of 2023
ORDER:
Heard Sri B. Lokeshwar Reddy, learned counsel appearing for the petitioner and Sri J. Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
This writ petition is filed seeking a direction to respondent Nos.1 and 2 to consider / adjudicate the representations dated 11-01-2023 and 12-01-2023 under Section 7(1) of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (for short, 'the Act').
The petitioner herein is claiming right over the subject property i.e., land admeasuring Ac.3-00 gts., in Sy.No.17 situated at Shanagondi village, Odela mandal, Peddapally district, on the strength of decree and judgment dated 18-12-1987 in O.S.No.819 of 1987 of learned District Munsiff at Sultanabad. It was a suit for 2 declaration of title and confirmation of possession in respect of the subject property. It is a compromise decree. Though the said decree was dated 18-12-1987, the petitioner herein had filed the present representations only on 11-01-2023 and 12-01-2023 i.e., after lapse of 16 years.
As per Section 4(1) of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, the petitioner herein has to file application within 30 days from the date of acquisition of right over the subject property. But, in the Telangana Rights in Land and Pattadar Passbooks Act, 2020 there is no limitation. The word used is only 'court decree'. When there is no limitation prescribed, the petitioner has to submit application within reasonable period. The said principle was also laid down by the Hon'ble Apex Court in Prabhakar v. Joint Director Sericulture Department and others1, wherein it was held that where there is no delay prescribed in any 1 (2015) 1 SSCC 1 3 statute, the person has to file application within a reasonable period by properly explaining the delay caused in filing the application. There should not be abnormal delay. There should be proper explanation for causing delay in filing the said application. The same view was also taken by this Court vide order 03-01-2023 in W.P.No.24 of 2023.
In view of the same, the petitioner herein is not entitled for any relief much less the relief sought in the present writ petition i.e., consideration of applications dated 11-01-2023 and 12-01-2023 said to have been filed by him under Section 7(1) of the Telangana Rights in Land and Pattadar Passbooks Act, 2020. Therefore, this writ petition is liable to be dismissed.
Accordingly, this Writ Petition is dismissed. However, liberty is granted to the petitioner to take steps, in accordance with law. There shall be no order as to costs.
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As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
__________________ K. LAKSHMAN, J March 10, 2023 PN 5 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.6653 of 2023 March 10, 2023 PN