Sri.P.Kumar, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2020 AP

 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                WRIT PETITION NO.8530 of 2021

ORDER:-

      This petition under Article 226 of the Constitution of India

is filed seeking the following relief:-


      ".... to issue a Writ of Mandamus, declaring the inaction of
      the 4th respondent in not issuing pattadar pass book and title

deed and make changes in revenue records with respect to land to an extent of Ac.1.06 cents in S.No.208/1 and Ac.1-00 cents in S.No.227/1, situated at Vedantapuram Village, Tirupati Rural Mandal, Chittoor District as illegal, arbitrary, unreasonable, unfair, unconstitutional, unjustified and unsustainable and consequently direct the respondents to issue pattadar passbook and title deed and make changes in revenue records in respect of subject land".

2. The case of the petitioner in nutshell is that the mother of

the petitioner by name P.Munemma is the absolute owner of an

extent of Ac.1-06 cents in S.No.208/1 and Ac.1-00 cents in

S.No.227/1 situated at Vedantapuram Village, Tirupati Rural

Mandal, Chittoor District and the revenue authorities got issued

pattadar pass book and title deed in her favour. Further, out of

love and affection, mother of petitioner executed a registered gift

settlement deed bearing document No.1376/2002, dated

21.03.2002 in favour of the petitioner settling the subject

property and since then the petitioner has been in possession

and enjoyment of the subject property.

3. It is further case of the petitioner that he along with his

sister filed O.S.No.249 of 2004 on the file of the court of the V

Additional Junior Civil Judge, Tirupati against Nagari Raghupati

and others seeking permanent injunction restraining the

defendants from interfering with the plaintiffs peaceful

possession and enjoyment over the schedule property consisting

of land to an extent of Ac.2.32 cents, Ac.1-70 cents in S.No.227

and Ac.0-90 cents in S.No.228. The respondents herein are

arrayed as defendants in the said suit and the Court below

decreed the suit vide judgment dated 21.04.2011 restraining the

defendants from interfering with peaceful possession and

enjoyment over the plaint schedule property and that the

petitioner is in legal possession over the subject property which

is part of the plaint schedule property. The petitioner submitted

an application to the 4th respondent requesting for issuance of

pattadar pass book and title deed in his favour, in view of

transfer of property to the petitioner vide gift settlement deed

dated 21.03.2002 and make necessary changes in revenue

records. But the 4th respondent has not taken any action.

Thereafter, the petitioner filed Form VI -A application bearing

No.RMU012106088210 dated 11.01.2021 through Mee-seva on

payment of requisite fee. But, the 4th respondent has not

initiated any steps for mutation of petitioner's name in the

revenue records for the subject land. Hence, the writ petition.

3. During hearing, learned counsel for petitioner limited his

request to dispose of the online application

No.RMU012106088210/representation, dated 11.01.2021.

Learned Assistant Government Pleader for Revenue readily

agreed to dispose of the said application, in accordance

with law.

5. Recording the submissions of learned Counsel for

petitioner and learned Assistant Government Pleader for

Revenue, it would suffice to issue direction to the 4th respondent

to dispose of representation/application, dated 11.01.2021

submitted by the petitioner, within four (04) weeks from the date

of receipt of a copy of this order, if the said

application/representation is in compliance of the mandatory

requirement under the provisions of Andhra Pradesh Rights

in Land and Pattadar Pass Books Act, 1971(Act No. 26 of

1971) and rules framed therein.

6. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

Consequently miscellaneous applications pending, if any

in the Writ Petition, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 17.06.2021 KA

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

Writ petition No.8530 of 2021

Date: 17.06.2021

KA