High Court for State of TelanganaWP/21303/2017disposed of no costs

Sri. K. Subba Rao, v. The State Of Andhra Pradesh,

2017-07-07S.V.Bhatt2 pages

HON'BLE SRI JUSTICE S.V.BHATT W.P. No.21303 OF 2017 ORDER:

The petitioner complains against inaction in considering and disposing of his representation made for entering his name in revenue records and issuing of pattadar pass book-cum- title deeds.

The subject matter of writ petition relates to Survey No.23 of an extent of Ac.3-80 cents in B.Madduluru Village, S.N.Padu Mandal, Prakasam District.

The petitioner relies upon the extracts and revenue records standing in the name of one Nallapaneni Singamma, Testatrix, who executed a Will on 10.06.2014. According to petitioner, the entry or recording of transfer in favour of petitioner is to be made in place of and in continuation of Nallapaneni Singamma. In spite of submitting all the documents, the respondents are not acting in the matter. Hence the writ petition.

I have perused the writ affidavit and also heard the Assistant Government Pleader (Assignment).

This Court is of the view that the 4th respondent, being recording authority as per the A.P. Rights in Land and Pattadar Pass Books Act, 1971, is expected to consider the request for mutation by following the procedure stipulated by law, receive all the

documents on which the petitioner is relying upon, verify the extracts on which the transfer is claimed by the petitioner and thereafter pass orders. Continuingly not to conduct enquiry or pass orders certainly amounts to inaction. The petitioner is also prevented from working out remedies before the higher authorities or in the competent Court. Hence the writ petition is disposed of by this order:

a) The petitioner is given liberty to re-submit representation along with the documents on which the petitioner is relying upon by enclosing a copy of this order within two weeks from the date of receipt of a copy of this order.

b) The 4th respondent conforms to the requirements of law, conducts enquiry and passes order as expeditiously as possible preferably within six weeks from the date of receipt of such request. c ) The petitioner, if is aggrieved by such decision, can always be at liberty to work out remedies in accordance with law. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT,J Date:07.07.2017 Stp