IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos. 21742 AND 21842 of 2014 BETWEEN J.Satish Kumar Reddy AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
COMMON ORDER:
Heard.
2. These two writ petitions are between the same parties, but the only difference appears to be that W.P.No.21742 of 2014 relates to the lands claimed in Parlapadu Village, Rajupalem Mandal, YSR Kadapa District, whereas W.P.No.21842 of 2014 relates to the lands claimed in Survey No.79 of Rajoli Village, Chagalamarri Mandal, Kurnool District.
3. In both these writ petitions petitioner seeks grant of pattadar passbooks and title deeds and the said claim is made by filing an application under Form 6A of A.P.Rights in Land and Pattadar Passbooks Act, 1971. Petitioner’s claim is clearly based upon a partition agreement between the family members, dated 23.04.2003, wherein petitioner’s father and his uncle are parties. Petitioner states that he was a minor at that time and only after the demise of his father, he has taken proceedings required for the purpose of mutation and to secure pattadar passbooks. On the application of the petitioner under Form 6A, the Tahsildar appears to have issued a notice, dated 10.07.2014 fixing the date of enquiry to 16.07.2014. However, though the petitioner was present, the enquiry did not take place and no further date was given. Hence the petitioner has questioned the inaction on the part of respondent No.3 by the present writ petition.
4. Learned Government Pleader has received instructions in W.P.No.21742 of 2014, wherein it is stated that petitioner’s father is stated to have died on 16.12.2013 and thereafter petitioner succeeded by inheritance; that the petitioner has submitted a representation dated 25.02.2014 to the Tahsildar under Form 6A for issuance of pattadar passbooks and title deeds relating to the lands claimed by him, enclosing therewith copy of the partition deed, dated 23.04.2003, referred to above, and the death certificate of his father; that the Tahsildar has verified the Adangal and also noticed that the passbooks relating to the land claimed by the petitioner was already issued to Janapana Narsi Reddy, S/o.Lakshmi Reddy, cousin of the petitioner’s father; that a notice dated 10.07.2014 was addressed to the petitioner as well as to the said Narsi Reddy and though petitioner was present on the date of enquiry, the notice to the said Narsi Reddy was returned, ‘refused’; that since the petitioner is seeking cancellation of passbooks already issued, the appropriate competent authority is the Revenue Divisional Officer.
5. It is, however, to be seen that petitioner is not seeking any cancellation of passbooks, but he is seeking issuance of pattadar passbooks and title deeds and for that he has already applied under Form 6A r/w Rules 18 and 19 of the Rules. The deed of partition is filed in support of the petitioner’s claim together with death certificate of his father, requiring the Tahsildar to conduct an enquiry and pass appropriate orders on the said application. The Tahsildar had already issued notice proposing to conduct enquiry but thereafter has not taken further steps in the matter. Since the petitioner’s statutory application under Form 6A is pending, it is appropriate to direct the Tahsildar to deal with the same in accordance with law and pass appropriate orders.
Hence, both the writ petitions are disposed of directing the Tahsildar to conduct appropriate enquiry in accordance with the Act and the Rules, referred to above, and pass appropriate orders on the said application within two months from the date of receipt of a copy of this order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 20, 2014 LMV