B.V. Satyanarayana v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26015 OF 2017 DATED : 07.09.2017 Between :

B.V.Satyanarayana S/o.Late Kama Raju, Aged about 62 yrs, R/o.Near State Bank of India, Sagar Nagar, Visakhapatnam City - A.P., ..

Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26015 OF 2017 ORDER :

Heard.

2.

Petitioner claims that Y.Appa Rao, was an ex-service man. He was assigned Ac.5-00 of land in R.S.No.314 Part of Kapuluppada Village, and another Ac.5-00 of land to Silla Lakshmi W/o.late Dala Reddy in Sy.No.314/91. Petitioner claims that the said assignees intend to sell the property and sale consideration was paid by the petitioner and entered into an Agreement of salecum- General Power of Attorney. At that stage, when petitioner approached the registering authority, the registering authority informed that the name of the assignees was not entered in the web land adangal and therefore, no deed of conveyance or any other document concerning the property can be processed for registration. Having come to know the same, Y.Appa Rao and Silla Lakshmi submitted representation to the Revenue Divisional Officer, Visakhapatnam, on 04.01.2017 requesting to correct the revenue records and to reflect the names of said persons so that the sale can be completed. Alleging inaction on the said representation, this writ petition is filed.

3.

The procedure of mutation of names in the revenue records including online web portal of the Sate is regulated by the provisions of the A.P. Rights in Land and Pattedar Pass Books Act 1971 (for short 'the Act, 1971') Any request for change of names/rectification of names in the revenue records has to be in accordance with the procedure envisaged.

- 3 - 4.

Learned Assistant Government Pleader submits that since no such application is made, the issue cannot be processed. Though, according to the instructions furnished to him the assignment itself was not validly made.

5.

Learned counsel for the petitioner seeks leave of the Court to make an application online requesting for correction/entering of names of assignees in the web land adangal. As and when the request is made by the assignees through online portal, the same shall be examined and suitable reply be furnished to the assignees who inturn can avail the remedies as available in law. 6.

In view of the said submission, the Court is not inclined to enter into the issue of whether the assignment was validly made. 7.

Having regard to the above, the writ petition is disposed of granting liberty to the petitioner representing Y.Appa Rao and Silla Lakshmi or Y.Appa Rao and Silla Lakshmi on their own to apply online for correction in the revenue records/entering in the revenue records of their names of the concerned property and as and when such application is made, the Tahsildar shall examine the claim and furnish suitable reply as warranted by law, by assigning due reasons in support of his decision. Such decision shall be taken and communicated to the petitioner within a period of two (2) months from the date of receipt of copy of such application. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 7th September 2017 Rds