THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.11894 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
“….to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of respondents, particularly 4th respondent in not considering petitioner’s petition/ representation dated 10.05.2021 submitted for granting e-Pattadar Pass Book and Title Deed and also to mutate his name in all online web land Record of Rights i.e Adangal Pahanie, 1-B Register connected to his landed property Ac. 0.54 cents covered by Sy.No. 297-6F of Dharmajigudem Revenue Village in Lingapalem Mandal, West Godavari District as illegal and violative of Articles 14 and 21 of Constitution of India and consequently direct the 4th respondent to grant e-Pattadar Pass Book and Title Deed and mutate petitioner’s name in all online web land record of rights in respect of the petitioner’s land ….”
2. The case of the petitioner that he inherited the agricultural land in an extent of Ac. 0.54 cents situated in Sy.No. 297/6F of Dharmajigudem Revenue Village, Lingapalem Mandal, West Godavari District. Father of the petitioner was granted Pattadar Pass Book and Title Deed by the 4th respondent for the above law. After death of his father, the petitioner has been in possession and enjoyment of the land. The petitioner came to know that one Vadapatla Jaya Rama Krishna Chowdary name was mutated in the online Pattadar Adangal and 1-B, instead of petitioner’s name. The petitioner approached Mee-Seva/ Grama Sachivalayam to apply for grant of e-Pattadar Pass Book and Title Deed in favour of the petitioner with a request to delete the name of third party by duly enclosing relevant documents. Though the respondents 2 to 4 received the representation for mutation of the name of the petitioners in online and issue of e-Pattadar Pass Book and Title Deed, but the respondents did not process the same. The action of the respondents in entering third party name in the online records in respect of the land of the petitioner is highly illegal and arbitrary. Hence this Writ Petition.
3. During hearing, learned Counsel for the petitioner reiterated the contention whereas learned Government Pleader for Revenue contended that as per terms of G.O.Ms.209 dated 14.06.2017, an application shall be made through “Mee Seva” by paying requisite fee, in the absence of such application the respondents are not under obligation to mutate the name of this petitioner and the inaction of the respondents cannot be declared as illegal and arbitrary.
4. Admittedly, the petitioner did not submit any application through Mee Seva on payment of requisite fee for mutation of the subject land, in compliance of other requirements under Rule 5(3) of rules framed under Andhra Pradesh Rights in Land and Pattadar Pass Books Act. Therefore, the respondents are not under obligation to act upon such representation submitted in the office of 3rd respondent or otherwise. Hence, the inaction of the respondents cannot be declared as illegal since, the petitioner did not make an appropriate application in compliance of G.O.Ms. No.209 dated 14.06.2017 and Rule 5(3) of rules made under the Act. Consequently, I find no merit in the contention of this petitioner and dispose of the Writ Petition.
5. In the result, the writ petition is disposed of, while granting the liberty to the petitioner to make appropriate application through Mee Seva/online in terms of G.O.Ms.No.209 dated 14.06.2017 complying the requirements under Rule 5(3) of the rules framed under the Act. No costs.
As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 24.06.2021 KK THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.11894 OF 2021 Date: 24.06.2021 KK