Reddy Paka Chandraiah vs The District Collector,
2023 Latest Caselaw 1138 Tel

          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

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

(2015) 1 SSCC 1

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.

As a sequel, the miscellaneous petitions, if any,

pending in the Writ Petition shall stand closed.

__________________ K. LAKSHMAN, J March 10, 2023 PN

HON'BLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.6653 of 2023

March 10, 2023

PN