Nandipati Sankara Prasad, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.24333 of 2017 ORDER:

The petitioner prays for mandamus declaring the action of the 4th respondent in proceeding t o issue (emphasis added) pattadar pass books to the parties in OS No.226 of 1987 on the file of the learned Additional Senior Civil Judge, Guntur, without issuing notice to the petitioner, as illegal and contrary to the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act').

2. Mr. Raja Reddy Koneti, by drawing the attention of the court to the Annexure P.1 and also contents of final decree, contends that the 4th respondent, being the Recording Authority, is under obligation while considering the request of either parties in OS No.226 of 1987 for grant of pattadar pass books/ title deeds and in the case on hand, the 4th respondent is proceeding by ignoring the procedure prescribed by law.

3. It is to be noted that at the first instance, the petitioner sent notice dated 17.06.2017 on the proposed action of issuing pattadar pass books or title deeds. This court has no reason to doubt that the 4th respondent will not only take note of the notice but is under obligation to follow the procedure. This court has difficulty either in considering the prayer or granting the relief as prayed for on mere apprehension.

4. The writ petition is dismissed with the above observations. The 4th respondent for any reason, in spite of caveat filed by petitioner, issues pattadar pass books or title deeds, the petitioner can certainly work out the remedies under the Act.

No order as to costs. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence. ____________ S.V.BHATT, J Date: 25.07.2017 BSS

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.24333 of 2017 Date: 25.07.2017 BSS