Mohammed Abrar Shareef, v. The State Of Telanagana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 8053 of 2015 ORDER:

It is the case of the petitioner that he purchased land over an extent of Ac.3-24 guntas in Survey No.473/2 of Tallapally village, Shabad mandal, Ranga Reddy district, through a registered sale deed vide Document No.4506 of 2014, dated 03.11.2014, and made an online application to the 3rd respondent-Tahsildar for mutation of his name, but the 3rd respondent is not mutating his name in the revenue records.

2. Heard the petitioner's counsel, the learned Government Pleader and perused the record.

3. At the hearing, the petitioner's counsel fairly concedes that the petitioner's application for mutation is not in the prescribed format which is Form-VI (A), as specified under the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the Act').

4. It is appropriate to notice that in terms of Section 4 of the Act, any person acquiring by succession or survivorship or inheritance or by partition or by way of a decree from a Court any right as owner, pattadar, mortgagee, occupant or tenant of a land, shall intimate, in writing, his/her acquisition of such right to the Mandal Revenue Officer within 90 days from the date of such acquisition and then, the Mandal Revenue Officer shall give an acknowledgment of the receipt of such intimation. Thereafter, under Section 5 of the said Act, the Mandal Revenue Officer shall determine as to whether and, if so, in what manner, the Record of Rights may be amended in consequence of the application made and carry out necessary amendments in the Record of Rights in accordance with such determination.

It will also be appropriate to notice that Rules were also framed in 1989 for giving effect to the provisions of the Act; and as per Rule 9, after due completion of enquiry, the recording authority shall pass orders in respect of cases requiring change of registry necessitated by succession, when it is not disputed. Form VI (A) is prescribed as the proper form for intimation of acquisition of rights in terms of Section 4 of the Act, as per sub-rule (2) of Rule 18 of the Rules.

5. Inasmuch as the petitioner's application is not in the prescribed format, I deem it

appropriate to dispose of the writ petition by giving liberty to the petitioner to submit his application in Form-VI (A) to the recording authority, i.e., the 3rd respondentTahsildar. Within four months of such application by the petitioner, the Tahsildar, in exercise of his powers under Section 5 of the Act and the Rules made there under, shall pass appropriate orders, in accordance with law.

6. Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed.

____________________________ CHALLA KODANDA RAM, J 25th March, 2015 ksm