M.V.Ravi Varma, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.11598 of 2015 Between:

M.V. Ravi Varma PETITIONER AND 1.

State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, and others. RESPONDENTS

ORDER:

The petitioner stated to be the owner and possessor of various extents of private patta lands in different survey numbers situated in Budanam Village, Chillakur Mandal, SPSR Nellore District and there were entries in the Register of Holdings maintained by the Fort St. George Administration of the Province of Madras showing such private ownership. The petitioner made an application to the 4th respondent in Form-VI(A) on 15.11.2010 under the provisions of A.P. Rights in

Land and Pattadar Passbooks Act, 1971 for issuance of pattadar passbooks and title deeds. On the oral instructions of the 4th respondent for obtaining NOC from the 2nd respondent, the petitioner had applied for the same. While so, on coming to know that in relation to an extent of Ac.3.04 cents of land in Sy.Nos.206-6A, 206-6B, 2-6-7 and 206-5A, which was also forms part of the Form-VI(A) application, a writ petition being W.P.No.24404 of 2004 has been filed by the vendor of the petitioner, he filed a petition in that writ petition to come on record therein. However, in the application filed on 15.11.2010, those properties are not included. In this writ petition the main grievance of the petitioner is that though more than 4 1⁄2 years have been elapsed the 4th respondent has not passed any orders on his application dated 15.11.2010. Hence the petitioner filed the present writ petition. Heard learned counsel for the petitioner, learned Government Pleader for Revenue (A.P.) for respondents.

As per Section 4 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 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 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 the necessary amendment 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. 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 indicating intimation of acquisition of rights in terms of Section 4 of the Act, as per sub-rule (2) of Rule 18 of the Rules. Considering the fact that the petitioner has filed necessary application in the prescribed format, I deem it appropriate to direct the 4th respondent to consider the application dated 15.11.

within a period of six months from today.

With the above direction, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. _____________________ CHALLA KODANDA RAM, J.

22nd April, 2015 Js.