L.Sudheer Reddy vs. The State Of A.P.

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble M.Satyanarayana Murthy
Case Status:Disposed
Order Date:9 Sept 2021
CNR:APHC010330162021

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble M.Satyanarayana Murthy

Listed On:

9 Sept 2021

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Order Text

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.19841 of 2021

ORDER:

This petition under Article 226 of the Constitution of India is filed seeking the following relief:-

"....to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus declaring the inaction of the 4th respondent in considering the AP online application No.RMU012106351435, dated 10.03.2021 submitted by the petitioner for mutation and issuance of epass book in respect of the lands belong to the petitioner was illegal and arbitrary and consequently direct the 4th respondent to consider said application..."

  1. The case of petitioner in nutshell is that the petitioner is the absolute owner and possessor of the land to an extent of Ac.8.03 cents, Ac.4.88 cents and Ac.1.71 cents in Putheri Village, B.N.Kandriga Mandal, Chittoor District through registered settlement deeds bearing Nos.1436 of 2007, dated 17.07.2007, 2471 of 2007, dated 07.11.2007 and 542 of 2008, dated 08.05.2008 respectively executed by his father in favour of the petitioner. Since then the petitioner is in possession and enjoyment of the subject land. The petitioner name was also mutated in the revenue records and continued till 17.02.2021. Thereafter, the petitioner filed a petition, dated 10.03.2021 before the 4th respondent/Tahsildar bringing about missing of his khata number from 17.02.2021 and requested to rectify the mistake. The petitioner also submitted an application through mee-seva vide application No.RMU012106351435, dated 10.03.2021 for mutation of his name and for issuance of title deed cum pattadar passbook. The 4th respondent directed the Mandal Surveyor to conduct survey of the land shown in the petition and to submit report. Accordingly, the Mandal Surveyor conducted survey and submitted his report stating that the petitioner has got the subject land through registered deeds and he is in possession and enjoyment of the subject land. Though, the 4 th respondent acknowledged the petitioner's application submitted through meeseva, but he did not process the same till date even after receipt of the report from the Mandal Surveyor, which is illegal and arbitrary and requested to issue a direction as sought.

  2. During hearing, Sri V.Sudhakar Reddy, learned counsel for petitioner limited his request to direct the 4 th respondent to dispose of online application No.RMU012106351435, dated 10.03.2021 submitted by the petitioner through Mee Seva. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the said application, in accordance with law.

  3. Recording the submissions of learned counsel for petitioner and learned Assistant Government Pleader for Revenue, it is suffice to issue a direction to the 4 th respondent to dispose of the online application No.RMU012106351435, dated 10.03.2021, submitted by the petitioner, within four (04) weeks from the date of receipt of a copy of this order, if the said application is incompliance of the mandatory requirement under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971(Act No. 26 of 1971) and rules framed therein.

  4. With the above direction, this Writ Petition is disposed of. No costs.

2

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

______________________________

JUSTICE M. SATYANARAYANA MURTHY

Date: 09.09.2021 SPP

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO.19841 OF 2021

Date: 09.09.2021