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2020 DIGILAW 793 (AP)

Thontla Masthan Reddy v. State of Andhra Pradesh

2020-12-10

D.RAMESH

body2020
ORDER : D. Ramesh, J. 1. The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the action of the respondent no. 4 in not entertaining document for mutation and not issuing title deed-cum-e-passbook despite the petitioner's application no. RMU012005308354 dated 30.9.2020 in respect of the land to an extent of Ac.0.35 cents in Sy. No. 23/1 situated at Yerragondapalem Village and Mandal, Prakasam District as illegal, arbitrary and consequently direct the respondent no. 4 to entertain mutation and to issue title deed-cum-e-passbook in favour of the petitioner. 2. The learned Counsel appearing for the petitioner submits that the petitioner was the absolute owner of agricultural land in an extent of Ac.0.35 cents in Sy. No. 23/1 situated at Yerragondapalem Village, Yerragondapalem Mandal, Prakasam District which was obtained by the petitioner through registered sale deed vide document no. 2435 of 2019 on 31.8.2019 from its rightful owner. Thereafter a self-declaration was made and modification deed was executed on 17.3.2020 before respondent no. 2 office as the schedule was wrongly mentioned and correct schedule was mentioned in the modification deed which was entered in Book-IV by the concerned with specific boundaries as such the sale deed executed in his favour has been corrected by way of amendment. The petitioner made an application for mutation of his name in revenue records under the ROR Act 1971 on 30.9.2020 vide application no. RMU012005308354 in the prescribed proforma. Though the application was made, the 4th respondent did not take any steps in the matter. 3. The learned Counsel appearing for the petitioner has mainly contended and brought to the notice of the Court that as per Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Act, 1971 in which section 5 reads as follows: "Section 5. [Amendment and updating of Record of Rights].-(1) On receipt of intimation of the fact of acquisition of any right referred to in Section 4, the [Mandal Revenue Officer] shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence therefor and shall carryout the amendment in the record of rights in accordance with such determination: Provided that no order refusing to make an amendment in accordance with the intimation shall be passed unless the person making such intimation has been given an opportunity of making his representation in that behalf. [Provided further that when the registration is approved by the Registering Officer, the name of the claimant shall be mutated in lieu of name of the executants on real time basis provisionally in electronically maintained data duly assigning notional subdivision number as may be prescribed pending enquiry by the Tahsildar; Provided also that the provisional mutation shall be confirmed by the Tahsildar electronically by following due procedure under sub-section (3) within thirty days of the registration. The aggrieved person may file an appeal to the Revenue Divisional Officer within a period of fifteen days from the date of order of the Tahsildar and decision of the appellate authority thereon shall subject to the provisions of Section 9 be, final.]. (2) Where the [Mandal Revenue Officer] has reason to believe that an acquisition of any right of a description to which Section 4 applies has taken place and of which an intimation has not been made to him under that Section and where he considers that an amendment has to be effected in the record of rights, the [Mandal Revenue Officer] shall carry out the said amendment in the record of rights. (3) The [Mandal Revenue Officer] shall, before carrying out any amendment in the record of rights under sub-section (1) or sub-section (2) issue a notice in writing to all persons whose names are entered in the record of rights and who are interested in or affected by the amendment and to any other persons whom he has reason to believe to be interested therein or affected thereby to show cause within the period specified therein as to why the amendment should not be carried out. A copy of the amendment and the notice aforesaid shall also be published in such manner as may be prescribed. The [Mandal Revenue Officer] shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as he deems fit. (4) Every order passed under this section shall be communicated the person concerned. The [Mandal Revenue Officer] shall consider every objection made in that behalf and after making such enquiry as may be prescribed pass such order in relation thereto as he deems fit. (4) Every order passed under this section shall be communicated the person concerned. (5) Against every order of the [Mandal Revenue Officer] either making an amendment in the record of rights or refusing to make such an amendment, [an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed], within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final. (6) The Mandal Revenue Officer shall have the power to correct clerical errors, if any, in the Pass Books.]". Learned Counsel has contended that the application made by the petitioner has to consider as per the above said provision if necessary by giving notice to the vendee as per Rule 5(3) and he further contended that section 5 is very clear that after submitting the documents, it is only a consequential ministerial action of the respondents. 4. In view of the above said provision, once the property is acquired, it is only an intimation to the concerned authorities for registration and mutation of properties in the name of the petitioner and to issue pattadar pass book. In view of the above submissions and as per Section 5 of Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Act, 1971 the Act, the authorities shall carry out amendments in the Records of Rights. 5. The learned Assistant Government Pleader appearing for the respondents has submitted that the authorities will consider the application as per the provisions of the Act and pass appropriate orders within a reasonable time. 6. 5. The learned Assistant Government Pleader appearing for the respondents has submitted that the authorities will consider the application as per the provisions of the Act and pass appropriate orders within a reasonable time. 6. Considering the submissions of the learned Counsel as well as the learned Assistant Government Pleader and with the consent of both sides, the writ petition is disposed of at the admission stage with the following direction : The respondents more particularly 4th respondent is directed to consider the application made by the petitioner on 30.9.2020 and mutate the name of the petitioner in the revenue records and issue pattadar pass book and title deed in respect of the subject land, within six (6) weeks from the date of receipt of a copy of the order. 7. Accordingly, the writ petition is disposed of. No costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.