Alla Nagaiah v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35552 OF 2017 Dated:26.10.2017 Between:

Alla Nagaiah, S/o. Seshaiah, Aged 70 years, R/o.D.No.1-71, Near Durgamma Temple, Ganapavaram Village, Buttaigudem Mandal, West Godavari District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagpudi, Amaravati, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35552 OF 2017 ORDER:

Heard.

2.

Petitioner claims to be the owner and possessor of agricultural land to an extent of Acs.2.00 in R.S.No.1/1A of Jillelagudem Village, Jeelugumilli Mandal, West Godavari District. He alleges that he submitted representation dated 18.11.2016 seeking mutation of his name in the revenue records and also for issuance of pattadar passbook and title deeds in his favour. Alleging inaction on the said application, this Writ Petition is filed. 3.

The material on record would disclose that no application was submitted by the petitioner for mutation of his name in the revenue records. The Government is processing the claims under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the Act, 1971'), when applications are made in prescribed form through online web portal of the State. It is not denied by the learned counsel for the petitioner that such application is not made so far. Unless such application is made, the claim will not be processed, and it cannot be said that the action of the authorities in not acting upon the request made by the petitioner, as amounting to arbitrary exercise of power or inaction, is illegal. Therefore, the relief sought for by the petitioner cannot be granted.

4.

Thus, leaving it open to the petitioner to apply for mutation of his name in the revenue records and for issuance of pattadar passbook and title deeds in accordance with the procedure prescribed, the Writ Petition is disposed of. It is needless to observe that as and when such application is made, the same shall be considered as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of such application. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:26.10.2017 KH