M/S. Sprinza Housing And Resorts v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.44683 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. With their consent, the present writ petition is disposed of at the admission stage.

2.

The present writ petition came to be filed with the following prayer:

"....to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Tahsildar, Ibrahimpatnam Mandal, Krishna District in not disposing of Form-6(A) applications for mutation of the name of the petitioner company in the revenue records and consequential issuance of pattadar passbook and title deed, vide application Nos.MU011602765449, MU011602903367, MU 011602903438 and MU011602903454 in respect of the total land admeasuring Acs.15.26 cents in Survey Nos.103-4, 103-6, 105-11, 104-1, 105-1, 105-2, 103-2, 103-3, 101-1, 101-2, 101-3, 101-4, 106-1, 106-2 and 106-3 situated at Zami Navepothavaram Vilage, Ibrahimpatnam Mandal, as being illegal, arbitrary and unreasonable and contrary to the provisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971 and Rules made thereunder, apart from being violative of Article 300-A of the Constitution of India and consequential direction directing the respondents to consider and dispose of Form 6(A) applications submitted by the petitioner in respect of the above said land."

3.

Learned Government Pleader for Revenue mainly submits that the request of the petitioner for issuance of pattadar passbook and

CPK,J WP_44683_2016 title deed in respect of the lands referred to above, was already rejected on the ground that there is no material on record to consider the same, but, he filed fresh applications for the same relief.

4.

The same is disputed by the learned counsel for the petitioner stating that the petitioner purchased Ac.12.00 cents at first instance and pattadar passbooks and title deeds were also issued in favour of the petitioner, which is reflected from the records and subsequently, he has purchased the remaining extent periodically including the subject property, for which he is seeking issuance of pattadar passbooks and title deeds. The same, in my view, appears to be correct.

5.

Having regard to the above, the Writ Petition is disposed of directing the 4th respondent - Tahsildar to consider the applications dated 15.09.2016 and 28.10.2016 made by the petitioner for mutation of the name of the petitioner company in the revenue records and for issuance of pattadar passbook and title deed, in respect of the land admeasuring Acs.15.26 cents in Survey Nos.1034, 103-6, 105-11, 104-1, 105-1, 105-2, 103-2, 103-3, 101-1, 101-2, 101-3, 101-4, 106-1, 106-2 and 106-3 situated at Zami Navepothavaram Vilage, Ibrahimpatnam Mandal, and pass appropriate orders thereon, in accordance with law, after hearing the petitioner and the aggrieved persons if any, provided no

CPK,J WP_44683_2016 endorsements are made till date in respect of the above property by any of the authorities.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:21.12.2016 INL