O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India seeking to issue a writ of Mandamus for the following relief:

disposing of the petitioner’s application No.RMU012106208772 in Form-6A dated 05.02.2021 as illegal and arbitrary.=

The case of the petitioner is that the petitioner’s father owned the agricultural property to an extent of Ac.0.68 cents in Sy.No.86/3 at Nalagampalli village, Gudipalle Mandal, Chittoor District by way of registered sale deed dated 11.07.1972. It is stated that after death of the petitioner’s father, the petitioner has been in possession and enjoyment of the property as the property is an ancestral property. While so, the petitioner submitted an application in Form-6A on 05.02.2021 for grant of pattadar pass books and title deeds in his favour.

Heard Sri C.Prakash, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.

During hearing, learned Assistant Government Pleader for Revenue placed on record the written instructions dated 03.07.2021 received from the 2nd respondent-Tahsildar, Gudipalli Mandal. Relevant paragraph reads as under:

<…. The Writ Petitioner Sri S.Peddanna S/o.Late Sallapureppa Nalagampalle Village has applied Mutation through Meeseva vide RMU012106208772, dated: 05.02.2021 for grant of Pattadar pass Book cum Title deed.

During field enquiry it is noticed that the residents of Kanchabandarlapalle village of Gudupalle Mandal, namely Sri Chengappa S/o.Y.Nallappa, Venkateshu S/o.Narayanappa, Subramani S/o.Peddanna and N.Nallappa S/o.Gurrappa, Gudikothur village are in possession and also cultivating the land in question and also raised their objection to grant pattadar pass book cum Title deed in favour of Writ Petitioner. Thereby, the concern Village Revenue Officer was recommended to reject the claim submitted by the S.Peddanna S/o.late Sallapureppa.=

From the above it is clear, the writ petitioner’s name was not mutated in the revenue records and pattadar pass books and title deeds were not issued in his favour, it is at the stage of calling for the Village Revenue Officer as to possession.

Whenever an application for mutation/issue of pattadar passbook is made under Section 4 of the Andhra Pradesh Record of Rights and Pattadar Pass Book Act, 1971, the revenue authorities are bound to follow the procedure prescribed under Section 5(1)(3) of the Act and the Rules 15,16, 19(1) of the Rules by publishing the proposed amendment in Form-8. Instead of following such procedure, the 2nd respondent adopted his own procedure, conducted field enquiry and found that the petitioner is in possession of the subject land and cultivating the same. Therefore, the enquiry whatsoever conducted in the field survey as stated in the written instructions is unknown to law. Hence, the 2nd respondent is directed to follow the procedure contemplated under Section 5(1)(3) of the Andhra Pradesh Record of Rights and Pattadar Pass Book Act, 1971 and the rules framed thereto by issuing publication for the proposed amendment if any, in Form-8 in accordance with law within a period of four weeks from today.

With the above direction, the Writ Petition is disposed of at the stage of admission. No costs.

Miscellaneous petitions pending if any shall stand closed.

________________________________ JUSTICE M.SATYANARAYANA MURTHY

19.07.2021

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HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON No. 13837 of 2021

19.07.2021 Mjl/*