HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.15512 of 2015
ORDER
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
“….to issue Writ of Mandamus, to declare the action of the respondents in not issuing the pattadar and title deed passbooks pursuant to the application dated 24.03.2015 of the petitioners for the land to an extent of Ac.168.76 cents situated in Survey Nos.266-1, 266-2, 266-3, 266-4, 266-6, 266-7 and 266-8 of Mittatmakur village, Gudur Mandal, SPSR Nellore District, as illegal, arbitrary and is in negation of the statutory stipulations of the Act and the Rules framed thereunder apart from being in violation of Articles 14 and 21 of the Constitution of India and consequentially direct the respondents to issue pattadar and title deed passbooks forthwith to the petitioner and report compliance to this Honourable Court and pass such other order or orders as are deemed fit and proper…”
The brief facts of the petitioner’s case are that the survey No.266 measuring an extent of Acs.168-76 is classified as „Bhatavtutti‟ Inam dry as per Fair Adangal of Mittatmakur Village of Gudur Mandal of SPSR, Nellore District. One Nagareddy Rami Reddy was noted as pattadar with T.D.No.1957 and Sri Magunta Kodanda Rami Reddy is said to have purchased the entire extent in the above survey No.266 from Sri Nagareddy Rami Reddy vide Document No.2639/1957 on 16.09.1957. Thereafter, the petitioners purchased the subject land through registered sale deeds bearing document Nos. 768, 769, 770 and 771 of 2015 on 15.02.2015. Later, the petitioners filed applications on 24.03.2015 by paying requisite fees for issuance of pattadar and title deed passbooks for the subject land to the 1st respondent vide application Nos. UGA2548971, UGA 2546984, UGA 2546918 and UGA 2549937. But, even after lapse of 60 days, the 2nd respondent failed to consider their applications. Hence, the present Writ Petition.
The 2nd respondent filed counter raising many contentions and submitted that one Magunta Kodanda Rami Reddy was the declarant in C.C.File bearing No.2077/NLR/75 and as seen from the orders in LRAC No.9/92, the Government has taken over the subject land under AP Land Reforms(COAH) Act, 1973. As seen from the records, survey No.266 was not sub-divided but sub-division numbers were noted in the registration documents and the land is vested with the Government. The pattadar passbook/title deed filed by the sellers of the land is nothing but a fabricated and forged one and by suppressing the actual facts, they effected online registration numbers 768 to 771 of 2015 on 09.02.2015 in Sub- Registrar Office, Stone Housepet, Nellore, in spite of official implementation of online registration at Sub-Registrar Office, Gudur on 19.02.2015, as per G.O.Ms.No.42 dated 04.02.2015,.
Later, a notice was issued by the respondent-authorities vide RC.B.127/2015 dated 31.03.2015 to the sellers and purchasers. The sellers filed their explanation stating that as seen from the records they are in possession and enjoyment of the subject lands and the purchasers have also filed their explanation stating that having satisfied with the title of the sellers, they have purchased lands and requested to close all further proceedings.
Then, the Revenue summons were issued by the respondent-authorities vide Rc.B.127/2015 dated 28.05.2015 to the sellers of the land. Then all the eight sellers have filed their explanation stating that the Pattadar Pass Book/title Deed of Sri.Magunta Kodanda Rami Reddy in original and the Adangal copies said to be issued by Mee-Seva centers in original were handed over to the vendees at the time of registration on
09.02.2015.
Thereafter, Revenue Summons were also issued through RPAD to the purchasers in this office vide Rc.B.127/2015 dated 28.06.2015 to file the original copies of the above documents before the Tahsildar, Gudur on 06.07.2015 and all the summons were served except one person. But, either on 06.07.2015 or till date, no documents were filed by the purchasers befor