WP/28854/2008 of Shekhar Movva Vs The State of A.P. ,Rep. by the Principal Secretary, on 31 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MS JUSTICE G.ROHINI

WRIT PETITION NO : 28845 of 2008

Between:

B.Ram Manohar S/o.B.Rama Subba Rao

HIG 450 BHEL Ramachandrapuram Hyderabad

AND

..... PETITIONER

1 The State of A.P rep.by its Principal Secretary Revenue Department Secretariat Hyderabad Secretariat Hyderabad 2 The District Collector Visakhapatnam 3 The Revenue Divisional Officer Visakhapatnam 4 The Tahsildar Bheemunipatnam (M) Visakhapatnam

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a writ order or direction more particularly one in thenature of writ of Mandamus declaring the action of the respondents in notconsidering the application made by the petitioner for issue of pattadarpass Book and title deed of the land in Sy No.86 admeasuring ac 0.40cents which was purchased by the petitioner through a registered saledeed vide document No.1093 of 2007 dt 23-02-2006 situated atNerellavalasa(V) Bheemniatnam(M) Visakhapatnam District as beingillegal arbitrary unresaonable and violative of principles of natural justiceapart from being violative of the provisions of the A.P Rights in land andPattadar Pass Book Act 1971 and Rules made thereunder and issue aconsequential direction directing the respondents to forthwith issue thePattadar passbook and title deed and incorporate the same in theappropriate records and pass Counsel for the Petitioner: MR.P.LAKSHMA REDDY

Between:

R. Venkata Ramana, S/o. R. Mohana Rao,

R/o. 38-31-13, Green Gardens, Marripalem, Visakhapatnam.

..... PETITIONER

AND

1 The State of Andhra Pradesh, rep.by its Principal Secretary RevenueDepartment Secretariat Hyderabad 2 The District Collector Visakhapatnam 3 The Revenue Divisional Officer Visakhapatnam 4 The Tahsildar Bheemunipatnam (M) Visakhapatnam

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a writ order or direction more particularly one in thenature of writ of Mandamus declaring the action of the respondents in notconsidering the application made by the petitioner for issue of pattadarpass Book and title deed of the land in Sy No.86 admeasuring ac 0.40cents which was purchased by the petitioner through a registered saledeed vide document No.1093 of 2007 dt 23-02-2006 situated atNerellavalasa(V) Bheemunipatnam(M) Visakhapatnam District as beingillegal arbitrary unresaonable and violative of principles of natural justiceapart from being violative of the provisions of the A.P

Counsel for the Petitioner: MR.P.LAKSHMA REDDY

Between:

Shekhar Movva S/o. Late M. Ramachandra Rao R/o. 9-19-4, C.B.M. Compound Visakhapatnam District.

..... PETITIONER

AND

1 The State of A.P. ,Rep. by the Principal Secretary, RevenueDepartment, Secretariat, Hyderabad.

2 The District Collector, Visakhapatnam.

3 The Revenue Divisional Officer Visakhaptnam 4 The Tahsildar Bheemunipatnam Mandal, Visakhapatnam. Visakhapatnam.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ order or a direction more particularly one in thenature of writ of Mandamus declaring the action of the respondents in notconsidering the application made by the petitioner for issue of pattadarpass book and title deed of the land in Sy.No. 86 admeasuring Ac 1.00cents which was purchased by the petitioner, through a registered saledeed vide document No. 1094 of 2007 dt. 23-2-2006 situated atNerellavalasa Village, Bheemunipatnam Mandal, Visakhapatnam Districtas being illegal, arbitrary, unreasonable and violative of principles ofnatural justice apart from being violative of the provisions of the A.P.Rights in Land and Pattadar Pass Books Act 1971 and Rules madethereunder and issue a consequential direction directing the respondentsto forthwith issue the pattadar passbook and title deed and incorporate thesame in the appropriate records and pass Counsel for the Petitioner:MR.P.LAKSHMA REDDY

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION Nos. 28845, 28852and 28854 of 2008

C O M M O NO R D E R:

These three writ petitions are filed seeking a declaration that theaction of the respondents in not considering the applications made by thepetitioners for issuance of pattadar pass books and title deeds in respectof the land purchased by them under register sale deeds is arbitrary andillegal.

The petitioners stated that all of them made applications under theprovisions of the Andhra Pradesh Rights in Land and Pattadar PassBooks Act, 1971 for making necessary entries in the Revenue records,the respondents failed to consider the same.

The learned counsel for the petitioners has brought to the notice ofthis Court that in identical circumstances, this Court by a common orderdated 06-09-2008 in W.P.No19328 of 2008 and batch disposed of the writpetitions with directions as under:

“Since the grievance of the petitioners thatrespondent NO.4 has not followed this mandatoryprocedure appears to be legitimate, the writpetitions are disposed of with the direction torespondent No.4 to follow the procedure prescribedunder Section 5of the Act, pass appropriate orders,after due enquiry, and communicate the same tothe petitioners, within a period of eight(8) weeksfrom the date of receipt of a copy of this order.”

Learned Government Pleader, who accepted notice for therespondents has not disputed the fact that the petitioners herein are alsosimilarly situated.

Accordingly, these three writ petitions are disposed of in terms of theorder passed by this Court in W.P.No.19328 of 2008 and batch dated 06-09-2008. No costs.

______________

G. ROHINI,J

Date: 31-12-2008Note: Issue C.C. in 2 days.B/oKLP