THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.745 of 2014 Dated: 20.01.2014 Between:
Tadiboina Venkateswara Rao .. Petitioner and The Revenue Divisional Officer, Gudivada, Krishna District, and others.
.. Respondents.
Counsel for the Petitioner: Mr. Tadiboina Venkateswara Rao (Party-in-person) Counsel for Respondents 1 & 2: AGP for Revenue The Court made the following:
ORDER:
This writ petition is filed with a twofold grievance namely 1) that respondent No.3 has been interfering with the petitioner’s possession of 0.94 cents of land in Sy.No.75/1 of Gurivindagunta Village, Pedaparupudi Mandal, Krishna District, and 2) that respondent No.2 has not been issuing pattadar passbook and title deed in favour of the petitioner in respect of the said land.
A perusal of the pleadings and the material filed in support of the same would show that the main grievance of the petitioner is against respondent No.3. It is the pleaded case of the petitioner that he has let respondent No.3 into possession of the property as a lessee and without his knowledge, the latter has executed a rental deed in favour of one Kodali Abbaiah. Therefore, this dispute, which falls purely in a private law field, has to be adjudicated by a Court of competent civil jurisdiction.
As regards his grievance that respondent No.2 has not been granting pattadar passbook and title deed, the petitioner has not raised specific averment as to when he has approached respondent No.2 and whether he has made an application in Form VI-A as prescribed under Rule 18 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989. In the absence of such a pleading and the material in support thereof, no Mandamus can be issued to respondent No.2. However, the petitioner is permitted to approach respondent No.2 with an application in the prescribed form for issue of pattadar passbook and title deed. If such application is filed, respondent No.2 shall hold enquiry and pass appropriate order within two months after receipt of such application.
Subject to the above observations and directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.816 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 20th January, 2014 IBL