SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.33801 OF 2016

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India, seeking following relief:

“to issue a writ order or direction particularly one in the nature of Writ of Mandamus to declare the in action of the respondents in considering the petitioners representation dt 29.07.2016 submitted for rectification of mistakes in Adangals /Pahanies 1B RoR Register in respect of the lands extent Ac.21-47 cents situated in Sy.No. 109 and the land extent Ac 14-26 cents situated in Sy No. 146 of Kundanagurthy Village as illegal arbitrary and contrary to the provisions of A.P Rights in Land and Pattadar Pass Books Act, 1971 and of A.P Rights in Land and Pattadar Pass Books Rules, 1989 and consequently direct the respondents to consider the petitioners representation submitted to rectify the mistakes in the Adangals / Pahanies 1B Form in respect of the land extent Ac 21-47 cents situated in Sy. No. 109 and the land extent Ac. 14-26 cents situated in Sy No 146 of Kundanagurthy Village”

2. The main grievance of the petitioners is that there are certain mistakes in the revenue records regarding Survey Number and extent of agricultural land belonging to the petitioners ave found and on noticing the same, the petitioner submitted a representation dated 29.07.2016 with a request to rectify the mistake in Adangal /Pahanies 1B RoR Registrar for the land admeasuring an extent of Ac. 21-47 cents situated in Sy.No. 109 and Ac. 14-26 cents in Sy. No. 146 of Kundanagurthy Village but the respondent No. 4 did not take any steps on representation to correct the mistakes in the records referred above regarding property of the petitioners, however, in two different survey numbers. The petitioner now questioned the inaction of the respondent No. 4 being a public officer for his failure to discharge his duty and thereby sought a writ of mandamus.

3. Heard the learned counsel for petitioner and Assistant Government Pleader for Revenue.

4. Undoubtedly, the case of the petitioner is regarding rectification of mistakes in the entries in revenue records pertaining to the subject land in two different survey numbers referred above of Kundanagurthy Village and respondent No. 4 also mentioned as private land as Government Dry (Inams) in the registrar-1B. When such mistake is crept in the revenue record a special procedure is prescribed for rectification of entries by submitting appropriate application in Form No. 6-A by submitting an application through Meeseva on payment of prescribed fee. Instead of complying the procedure prescribed under law, the petitioner submitted a representation demanding the respondent No. 4 to rectify the mistakes without complying the procedure under Andhra Pradesh record on rights in land Pattadar Pass Books Act.

5. The main contention of the respondents is that ‘demand is not in accordance with law’. The respondent No. 4 is not under obligation to comply the demand and thereby a writ of mandamus cannot be issued.

6. It is true that the petitioner to submit proper application through Meeseva on payment of fee annexing an application in Form- 6-A, instead of following such statutory procedure, the petitioner adopted a short cut procedure by submitting a representation which is impermissible. Therefore, the demand made by the petitioner cannot be said to be in accordance with law to compel the respondent No. 4 to rectify mistakes in the revenue records. Hence, I find no ground to issue a mandamus. However, liberty can be granted to the petitioners to make proper application through Meeseva or through Village Secretariat for the present on payment of requisite fee on submission of application in Form 6-A.

7. Accordingly, the writ petition is disposed off with the above direction. There shall be no order as to costs.

8. As a sequel thereto, miscellaneous applications, pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 21.01.2022 PKR THE HON’BLE SRI JUSTICE M.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top