Smt. Martati Sakuntala v. State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE A.RAJASEKER REDDY W.P.NO.22465 OF 2016
O R D E R
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents.
The case of the petitioners, as per the averments made in the writ affidavit ,is that the 1st petitioner purchased an extent of Ac.1.69 cents in Sy.No.414/A2 (Ac.1.56 cents) and in Sy.No.414/B (Ac.0-13 cents) and the 2nd petitioner purchased an extent of Acs.2-27 cents in Sy.No.414/A1 (Ac.0-80 cents) and in Sy.No.414/A2 (Ac.1-36 3⁄4 cents) and in Sy.No.414/B (Ac.0-10 1⁄4 cents), under registered sale deeds dated 23.9.2014 and 23.8.2010. The said extents purchased by the petitioners are situated in Kavali Bit-I (Rural) village, Kavali Mandal, Kavali Municipality area, SPSR Nellore District. They made application to the 4th respondent - Tahsildar, Kavali Mandal, SPSR Nellore District for mutation in the revenue records. The 4th respondent relegated them to 5th respondent - Village Revenue Officer, who by endorsement dated 20.6.
2016 stated that mutation cannot be carried out and pattadar pass books and title deeds cannot be issued, as the land in Sy.No.414 is recorded as the land with "dots" in the RSR records pertaining to the year 1950.
respondent had issued pattadar pass books and title deeds in favour of one Mr.Gudipally Polaiah with Khata No.162 and others, who own the remaining extents in Sy.No.414. Aggrieved by the action of the 4th respondent in not issuing pattadar pass books and title deeds on par with others in the very same survey number, the present writ petition has been filed.
The learned Assistant Government Pleader, on instructions, submitted that the petitioners have not filed any applications through Mee-Seva centre for issuance of pattadar pass books and title deeds and for mutation in the revenue records.
The petitioner claims to have purchased the lands under registered sale deeds and sought for issuance of pattadar pass books and title deeds and for mutation of their names in the revenue records. Under Sections 4 and 5 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, the 4th respondent - Tahsildar, is required to receive the said applications and take action for amendment and updating of record of rights. As on today, no rejection order has been passed. The submission of the learned Assistant Government Pleader is that the petitioners have not made application through Mee-Seva Centre.
In view of the above facts and circumstances, without expressing any opinion on the merits of the case, the writ petition is disposed of at the stage of admission, directing the
petitioners to make application through Mee-Seva Centre. On such application being made, the 4th respondent - Tahsildar, Kavali Mandal, SPSR Nellore District, shall consider the said application in terms of the judgment of this court reported in G.SATYANARAYANA vs. GOVT. OF A.P. AND OTHERS[1], and pass appropriate orders in accordance with law, after giving notice to the petitioners and others interested if any. This entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions pending if any, shall stand closed.
----------------------------------------------- - A.RAJASEKHAR REDDY DATE: 22-08-2016 AVS [1] 2014(4) ALD 358