THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 37609 OF 2014 Date of Judgment: 6.12.2014 Between:
G. Prakash Rao …Petitioner And The State of Andhra Pradesh and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 37609 OF 2014 ORDER:
Heard learned counsel for the parties.
5th respondent had approached this Court by filing W.P.No. 13348 of 2014 with the following prayer, “to issue an order, direction or a writ, more particularly one in the nature of writ of mandamus declaring the inaction on the part of the respondents herein for non-issuance of Patta-Pass Books and Title Deeds, in accordance with A.P. Rights in Land and Pattadar Pass Book Act,1971, irrespective of Decree in O.S.No.73/2006, Registered Sale Deed under A.O.P.No.4/2010, dated 28-06- 2011, vide document No.1283 of 2011 and delivery of possession under E.A.No.31 of 2011in OE.P.No.4/2010, having delivered possession on 15-10-2011, as wholly illegal, arbitrary, violative of principles of natural justice……”
The said writ petition was disposed of on 24.9.2014 giving liberty to the 5th respondent (petitioner therein) to make an appropriate application in the prescribed proforma and it was directed that on receipt of such application, the Tahsildar shall pass appropriate orders in accordance with law.
The petitioner herein, who claims title to the very same land, is aggrieved by non-consideration of his claim and he states that his revision petition is already pending before the Joint Collector. In any case, it is for the petitioner to approach the Tahsildar and file an application. The rival title claimed by the petitioner and the 5th respondent cannot be adjudicated in this writ petition and granting of any relief in this writ petition would amount to staying the operation of order of this Court in W.P.No. 13348 of 2014.
Hence this writ petition is disposed of giving liberty to the petitioner to approach the 4th respondent-Tahsildar, file his objections against the claim of the 5th respondent for issuance of pattadar passbook and title deeds. If such objections are filed, the 4th respondent shall consider the claim of 5th respondent and the objections of petitioner and pass appropriate orders thereon.
Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 6.12.2014 NB:
CC of order be furnished by 8.12.2014 /BO/ KR