Kanaganapalli Rathnamma, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.33373 of 2016 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners questioning the inaction of respondent No.4 in not disposing of the representation dt. 13.06.2016 submitted by the petitioner for deleting the name of Respondent No.5 and mutating the name of the petitioners in the revenue records for the land in Sy.No.163-1B of an extent of Ac .1.50 cents situated at Dowlatapuram of Chippagiri Mandal, Kurnool District while declaring the inaction as illegal and arbitrary and direct respondent No.4 to pass appropriate orders to mutate the name of the petitioners in revenue records alleging that the land in Sy.No.163-1B of an extent of Ac .1.50 cents belongs to their father and after his death, the petitioners succeeded the same by inheritance.

Taking advantage of the death of their father, one Siva-Respondent No.5 allegedly got mutated his name in the revenue records though he is not entitled to claim any right in the property. On coming to know the mutation of the name of respondent No.5, the petitioner submitted representation to respondent No.4 to mutate their names deleting the name of respondent No.5 in the revenue records, but sofar no action has been taken by respondent No.4 for the reasons best known to him. The said inaction is questioned in this Writ Petition, since, the representation is pending under Section 3 (3) of the Act.

As per it, any aggrieved person affected by an entry in such record of right, may within a period of one year from the date of the Notification referred to in Sub Section (2), apply for rectification of the entry to such officer as may be prescribed.

rectification of the record of rights in ac cordance with such decision which shall subject to the provisions of Section 9 be final. Learned Government Pleader for the State of Andhra Pradesh for Revenue requested this Court to issue necessary direction to respondent No.4 to dispose of the representation if it is within the limitation prescribed under Section 3(3) of the Act.

In view of the request made by the learned Government Pleader and considering the nature of the relief claimed in this Petition, respondent No.4 is directed to conduct necessary enquiry and pass appropriate orders, in accordance with law, if it is within the limitation prescribed under Section 3 (3) of the Act within three months from the date of rec eipt of a copy of this Order.

With the above observation, this Writ Petition is disposed of. As a sequel, miscellaneous applications pending, if any, shall stand closed.

________________________________________ M. SATYANARAYANA MURTHY, J Dat e: 2 7 -0 4 -2 0 1 8 eh a

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.33373 of 2016 Dt. 27-04-2018 eha