ORDER :

Ninala Jayasurya, J.

The present Writ Petition is filed seeking to declare the inaction of the 2nd respondent in not proceeding further and passing orders amending the Revenue records pursuant to Notice dated 19.03.2022 in Form VIII under Rule 19(1) of The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, as illegal, arbitrary etc., and for a consequential direction to the 2nd respondent to forthwith proceed with the matter and pass appropriate orders.

2. Heard the Learned Counsel for the petitioners. Also heard the Learned Assistant Government Pleader for Revenue appearing for the respondents.

3. The 1st petitioner, who is an Octogenarian filed the present Writ Petition inter alia stating that one Mr.Intiaz Basha, son of the 1st petitioner is the owner and pattadar of an extent of Ac.0.91 cents of land in Sy.No.296 of Kallur Village, which was bequeathed by his grandmother by way of a Registered Will dated 19.12.1998, that the said Intiaz Basha died in a road accident on 14.10.2016 as a result of which the 1st petitioner was totally crippled and after recovery came to know that in the Revenue records, the name of one Mr.Rajesh Patel was recorded in respect of the above said land. Under the said circumstances, he along with the 2nd petitioner made an application to amend the Revenue records and the 2nd respondent on 19.03.2022 issued Notice in Form VIII under Rule 19(1) of The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 (hereinafter referred to as the “the Rules”) calling for the objections on their request for amending the Revenue records by incorporating the name of the petitioners, in respect of the said extent of Ac.0.91 cents.

4. The Learned Counsel for the petitioners submits that though the 2nd respondent issued a Notice on 19.03.2022 in terms of the above said Rules inviting objections within 15 days from the date of issuance of Notice, he had not taken further action even after expiry of the time stipulated therein. He further submits that though more than one year had elapsed, the 2nd respondent has not passed any orders on the petitioners’ application in spite of their repeated requests. Referring to the provisions under The A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the Rules framed there under, the Learned Counsel would submit that the inaction on the part of the 2nd respondent tantamounts to abdication of statutory duty cast upon him. He submits that due to inaction on the part of the 2nd respondent in proceeding further despite issuance of Notice dated 19.03.2022, the petitioners were not only subjected to mental agony, but also serious prejudice. Making the said submissions, the Learned Counsel seeks appropriate directions in the matter.

5. Before dealing with the submissions made by the Learned Counsel for the petitioners, which were opposed by the Learned Assistant Government Pleader for Revenue on the basis of the instructions dated 25.06.2023 and the Order dated 30.06.2023 of the 2nd respondent rejecting the application of the petitioners placed before this Court, it would be appropriate to set out the relevant legal provisions for better appreciation of the case.

6. Section 5 of The Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 was amended by the Andhra Pradesh Rights in Land and Pattadar Pass Books Act (Amendment) Act, 2022 i.e., Act No.15 of 2022 (published in the Andhra Pra