HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR Between:
WRIT PETITION No.21113 of 2014 Dated: 26.08.2014 T.Naga Malleswari .. Petitioner.
And Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad, and others. .. Respondents.
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.21113 of 2014 ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Revenue appearing for the respondents 1 to 4 and also learned counsel for the impleaded respondents, who are opposing the prayer of the writ petition.
The petitioner states that she is the owner and possessor of the land admeasuring Ac.02.20 ½ cents, out of total extent of Ac.04.41 cents, in D.Nos.940, 941, 942 and 943 situated in Guntur. She claims the ownership on the basis of registered gift deed No.3032/2003, dated 31.03.2003, said to have been executed in her favour by her father. She thereafter claims that she has applied for grant of pattadar passbook and title deeds in respect of the aforesaid land, by approaching the Mandal Revenue Officer, the 4th respondent herein. It is stated that the 4th respondent called for a report from the Mandal Surveyor and, though such report was submitted on 17.06.2006, no further action is taken. The petitioner, therefore, issued registered legal notice on 10.03.2014 to the 3rd and 4th respondents and thereafter filed the present writ petition alleging inaction.
Learned Government Pleader points out that the petitioner’s application in the prescribed proforma under Form VI-A read with Rule 18 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989 appears to have not been filed and if the petitioner complies with the statutory requirements, her application will be considered by the 4th respondent and appropriate orders would be passed.
Learned counsel appearing for the impleaded respondents submits that the impleaded respondents are, in fact, the owners of the subject land and they claim that the petitioner has no legal title to claim pattadar pass book and title deeds with respect to the land in question and, therefore, they seek to oppose the petitioner’s request in the present writ petition by contending that they are the rightful owners of the subject land.
In view of the contest on the factual aspects as noticed above and as the matter is required to be appreciated by the 4th respondent for the purpose of considering the petitioner’s request for grant of pattadar passbook and title deeds, I deem it appropriate to dispose of the writ petition with the following directions:
1. The petitioner is permitted to file appropriate application, under Form VI-A read with Rule 18 of the Rules referred to above, if not already filed, within two weeks from today. The impleaded respondents are also given liberty to file their objections before the 4th respondent on the basis of claim made by them.
2. The 4th respondent shall consider the petitioner’s application as well as the objections, if any, filed by the contesting respondents, on the basis of all the attendant circumstances, and pass appropriate orders thereon within two months from the date of receipt of the application of the petitioner.
Accordingly, the writ petition is disposed of. No order as to costs.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V.AFZULPURKAR, J
26.08.2014
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