M.Y. Rajesh, S/O. M.K. Yerrappa, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.9684 of 2015 Between:

Vaddiparthi Bhaskar PETITIONER AND 1.

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

ORDER:

This writ petition is filed by the petitioners aggrieved by the action of the 3rd respondent in not disposing of the application dated 30.08.2014 submitted by them under Form-IV(A) in respect of the land admeasuring Ac.43.88 cents in Sy.Nos.2183, 219-2, 280 and 283 situated at Madakasira Village, Anantapuram District. 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. A reading of Section 4 does not leave any manner of doubt that there is a duty cast on the petitioners to approach the recording authority under the Act intimating about the acquisition of right and such intimation is required to be given within 90 days.

As and when such intimation is given by following necessary procedure as prescribed under Section 4 of the Act, necessary steps would be taken by the recording authority, the 3rd respondent herein under Section 5 of the Act. Be that as it may, considering the fact that the petitioner filed necessary application in the prescribed format I deem it appropriate to direct the 3rd respondent to consider the application of the petitioner and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of five 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.

8th April, 2015 Js.