Telangana High Court
WP/40189/2014 of Aileni Ram Reddy, Vs The State of Telangana, on 30 December 2014
SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 40189 of 2014 O R D E R: The petitioner herein sought for a writ of mandamus for declaring the action of the respondents in not affecting mutation and issuing pattadar pass books in respect of the lands in Survey Nos. 356, 368, 334, 357
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAOWRIT PETITION No. 40189 of 2014
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O R D E R:
The petitioner herein sought for a writ of mandamus fordeclaring the action of the respondents in not affecting mutation andissuing pattadar pass books in respect of the lands in Survey Nos.356, 368, 334, 357 and 355/2, admeasuring Acs.1.02 guntas, Ac.0.36guntas, Ac.1.10 guntas, Ac.0.12 guntas and Ac.0.19 guntasrespectively situate at Nawabpet Village, Chigurumamidi Mandal,Karimnagar District, as per Section 4(1) of the Andhra Pradesh Rightsin Land and Pattadar Passbooks Act, 1971, as arbitrary and illegal.
It is appropriate to notice that in terms of Section 4 of the 1971Act, any person acquiring by succession or survivorship or inheritanceor 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, inwriting, his acquisition of such right to the Mandal Revenue Officerwithin 90 days from the date of such acquisition and then, the MandalRevenue Officer shall give an acknowledgment of the receipt of suchintimation. Thereafter, under Section 5 of the said Act, the MandalRevenue Officer shall determine as to whether and if so, in whatmanner, the record of rights may be amended in consequence of theApplication made and carry out the necessary amendment in therecord of rights in accordance with such determination. It will also beappropriate to notice that Rules were also framed in 1989 for givingeffect to the provisions of the Act. As per Rule 9, after due completionof enquiry, the recording authority shall pass orders in respect of casesrequiring change of registry necessitated by succession, when it is notdisputed. Form VI (A) is prescribed as the proper form for indicatingintimation of acquisition of rights in terms of Section 4 of the Act, as per sub-rule (2) of Rule 18 of the Rules.
The petitioner has submitted the Application in Form VI (A) on09.09.2014 to the recording authority, the Tahsildar, ChigurumamdiMandal, the 3[rd] respondent herein. Therefore, the 3[rd] respondent shalldeal with the Application of the petitioner and pass appropriate orders,within a maximum period of six months, at any rate, before the end ofJune, 2015.
With this, the Writ Petition stands disposed of. No costs.
Consequently, the miscellaneous applications, if any shall alsostand disposed of.
30[th] December 2014ksldksld
------------------------------------------- NOOTY RAMAMOHANA RAO, J