Teegunta Venkataiah, S/O Late Changaiah, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28517 OF 2017 Dated:28.08.2017 Between:

Teegunta Venkataiah, S/o. late Changaiah, Aged About 50 years, R/o.Nachaneri Village, Yerpedu Mandal, Chittoor District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28517 OF 2017 ORDER:

Petitioner claims that his father was assigned land to an extent of Ac.0.57 cents in Survey No.26/7 and Ac.1.76 cents in Survey No.26/8 of Nacheneri Village, Yerpedu Mandal, Chittoor District, vide patta dated 31.12.1980. The said land was developed by his father and put to use and thereafter petitioner succeeded to the said property and he is in possession and enjoyment of the same. Petitioner claims that he applied for mutation of his name in the revenue records and also for issuance of pattadar passbook and title deeds in Form VI-A on 12.07.2017 under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, but the same is not acted upon compelling him to invoke the jurisdiction of this Court to act upon his application. 2.

The Tahsildar, Yerpedu Mandal, Chittoor District, addressed letter dated 24.08.2017 to learned Government Pleader for Assignments, wherein it is stated that the patta granted to the father of the petitioner was cancelled and subject land was resumed and thereafter fresh assignment was granted to Mangamma, T. Janardhan Reddy and C. Subrahmanyam in the year 1998. Subsequently, the assignees were also granted pattadar passbooks and title deeds. These instructions would disclose that long ago the assignment granted in favour of the petitioner was cancelled and fresh assignment was granted to others. It is further stated that if petitioner has any grievance

regarding such cancellation of patta and subsequent assignment to others, he has to work out his remedies as available in law. 3.

In the present case, the issue for consideration is as to whether the action of the respondents in not granting pattadar passbook and title deeds pursuant to his application dated 12.07.2017 can be termed as arbitrary and willful warranting interference by this Court.

4.

Since the assignment granted in the name of the petitioner's father stood cancelled, question of granting pattadar passbook and title deeds in favour of the petitioner pursuant to his application dated 12.07.2017 does not arise and the Writ Petition is liable to be dismissed in limini.

5.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out his remedies as available in law. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:28.08.2017 KH