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High Court for State of TelanganaWP/9946/2005disposed of no costs

K. Dayanand S/O K. Narasaiah v. The Joint Collector, Ranga Reddy District,

2015-04-23Sanjay Kumar5 pages

HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9946 of 2005 Date: April 23, 2015 Between:

K. Dayanand ... Petitioner and

1. The Joint Collector, Ranga Reddy District, Hyderabad & another. ... Respondents * * * HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9946 of 2005 O R D E R:

The petitioner approached this Court aggrieved by the action of the Mandal Revenue Officer, Hayathnagar Mandal, Ranga Reddy District, in not issuing pattadar passbooks and title deeds to him in respect of the land admeasuring Ac.2.09 guntas situated in Survey No.90/AA of Thattiannaram Village,

Hayathnagar Mandal, Ranga Reddy District.

2. By order dated 27.04.2005, this Court directed the respondent authorities not to dispossess the petitioner from the land in question without following the due process of law. This interim order was made absolute on 17.06.2008.

3. No counter-affidavit has been filed by the respondents till date.

4. Perusal of the material placed on record by the petitioner reflects that he claimed title over the subject land under registered sale deeds. Further, acting upon his application, the Mandal Revenue Officer, Hayathnagar Mandal, Ranga Reddy District, issued proceedings dated 15.09.2004 ordering transfer of title of the land in question in favour of the petitioner duly deleting the names of the vendors. However, the complaint of the petitioner is that the revenue authorities thereafter did not cooperate and refused to issue him pattadar pass books and title deeds in respect of the subject land under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for brevity 'the Act of 1971'). The affidavit filed in support of the writ petition is however silent as to whether the petitioner applied in Form-VI A under Rule 18 of the Rules frames under the Act of 1971 read with Section 4 (1) of the Act of 1971.

5. The writ petition is accordingly disposed of permitting the petitioner to apply in the prescribed format for issuance of pattadar passbooks and title deeds in relation to the land in question and thereupon, the Mandal Revenue Officer, Hayathnagar Mandal, Ranga Reddy District, shall pass

appropriate reasoned orders in accordance with law. This exercise shall be completed within two weeks from the date of submission of the application by the petitioner in the prescribed format. Needless to state, the revenue authorities shall not interfere with the possession of the petitioner over the subject land pursuant to the registered sale transactions except in accordance with the due procedure laid down by law. Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

___________________ SANJAY KUMAR, J.

Date: April 23, 2015.

BSB HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9946 of 2005

Date: April 23, 2015 BSB