Andela Reddamma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.2886 of 2018 Order:

It is the case of the petitioners that their father and the son of their paternal senior uncle jointly purchased the land admeasuring Ac.0-32 cents in Survey No.152/1, Ac.0-50 cents in Survey No.124, Ac.0-68 cents in Survey No.150 and Ac.0-38 cents in Survey No.149, totally admeasuring Ac.1-88 cents, situated at Yellaturu village, Pendlimarri mandal, YSR Kadapa District. They sold an extent of Ac.0-38 cents in Survey No.149 and an extent of Ac.1-50 cents retained. Subsequently, separate pattadar passbooks and title deeds were issued in favour of their father and their cousin to an extent of 0-75 cents each. It is their further case that their father executed a Gift Deed dated 09.09.1991 with an understanding that if the children were born subsequently the said Gift Deed would be cancelled.

After execution of the Gift Deed the petitioners were born and accordingly the Gift Deed was cancelled by a registered Cancellation Deed dated 22.04.1999 and their father continued to be in possession and enjoyment of the land. Later on, the other owner sold away his extent of land. The father of the petitioners executed a registered Partition Deed on 20.08.2016 dividing the property equally and, thus, the petitioners are in possession of Ac.0.37 1⁄2 cents each. Thereafter, the petitioners submitted a representation to the third respondent on 27.08.2016 to issue pattadar passbooks and title deeds by incorporating their names in the revenue records followed by an application through online on 12.12.2017. When no action was taken, the present Writ Petition is filed.

mutation of the names of the petitioners in the revenue records for issuance of pattadar passbooks and title deeds. In the circumstances, this Writ petition is disposed of giving liberty to the petitioners to make an appropriate application and, as and when such application is made, it is needless to observe that the third respondent shall take action as expeditiously as possible, but not later than thirty (30) days from the date of receipt of the application. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAMALI NGESWARA RAO, J Date: 31.01.2018 Nsr