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2021 Supreme(AP) 590

M.SATYANARAYANA MURTHY
Boya Dealer Ayyyanna – Appellant
Versus
State of Andhra Pradesh, represented by the Principal Secretary Revenue Department – Respondent


Advocates Appeared:
For the Petitioner: K Rajanna

Judgement Key Points

Key Points: - The petitioner seeks to declare the action of not mutating his name in ROR and Adangal for Ac.1.30 cents in Sy.No.152, S. Lingamdinne Village, Gonegandla Mandal, Kurnool District, as illegal/arbitrary and to direct mutation (!) (!) - The Court considers whether a direction can be issued to mutate the petitioner’s name in Form-1B under the Act given lack of proper application and compliance with statutory requirements (!) - The court held that in the absence of a proper application through Mee-Seva with requisite fee, the Tahsildar is not obliged to act, and inaction cannot be deemed illegal/arbitrary; thus mandamus relief is denied (!) - The Court relied on statutory requirements under Section 4, Section 5(3) of the Act and Rule 19(1) of the Rules to determine maintainability of the petition (!) - Prior directions from W.P.No.23961 of 2014 regarding pattadar passbooks and title deeds were not implemented, impacting petitioner's relief (!) (!) - Respondents 5 and 6 contend petitioner lacks title and that sale deed vendor had no title; petitioner's relief denied due to lack of proof of title and non-compliance with procedures (!) (!) - The petition is dismissed with no costs; miscellaneous petitions closed (!) (!)

What is the legal question regarding mutation of name in revenue records under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971?


ORDER :

1. One Boya Dealer Ayyanna filed this petition under Article 226 of the Constitution of India to declare the action of respondent No.4 in not mutating the name of the petitioner in the ROR and adangal in respect of agricultural land purchased by him under registered sale deed bearing document No.45/2012 dated 04.01.2012 and also as per the final orders passed by this Court in W.P.No.23691 of 2014 dated 01.09.2014 as illegal, arbitrary and consequently direct respondent No.4 to mutate the name of the petitioner in ROR and adangals in respect of land in an extent of Ac.01.30 cents in Sy.No.152 situated in S.Lingamdinne Village, Gonegandla Mandal, Kurnool District by deleting the names of the respondent Nos.5 and 6 from the concerned records.

2. The case of the petitioner, in brief, is that he purchased agricultural land admeasuring Ac.1.30 cents in Sy.No.152 situated in S.Lingamdinne Village, Gonegandla Mandal, Kurnool District from the original owner i.e. Sri Pinjari Akbar Basha, s/o Nadipi Dastagiri, after verifying the same from the sub-registrar’s office. But, respondent No.4 did not issue Pattadar passbook, title deed and did not make entry in ROR records and Adangals de

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