IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.20205 of 2002 Between: The Prakasam District Andhra Kesari Harijana Girijana Venukabadina Taragathula Lift Irrigation Seva Sangam, Beerumgunta, Prakasam District. Rep.by its President Chalagam Setty Laxmaiah, S/o.Pullaiah, ..... PETITIONER AND 1 Government of A.P, Revenue Department, Rep.by tis Secretary, Secretariat, Hyderabad. 2 The District Collector, Prakasam District. 3 The Revenue Divisional Officer, Ongole Division, Ongole. 4 Mandal Revenue Officer, Ongole Mandal, Ongole. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, more particularly one in the nature of the Writ of Mandamus, declaring the action of the respondents in not preparing and issuing the Pass books, though the 1st Respondent has issue orders as early as on 4- 6-1995, as being arbitrary, illegal, unconstitutional and contrary to the provisions of A.P. Record of Rights in Land an Pattadar Pass Books Act, 1971 and the rules made there under and issue a consequential direction, directing the Respondent Nos.2 to 4 to forthwith issue pattadar pass books to the members of the petitioner society to the extents mentioned in their D-Form pattas and pass Counsel for the Petitioner: M.VENKATA RAMA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in not preparing and issuing Pattadar Pass Books, though the first respondent has issued orders as early as on 04.06.1995, as arbitrary, illegal, unconstitutional and contrary to the provisions of A.P. Record of Rights in Land and Pattadar Pass Book Act, 1971 and the rules made thereunder, and consequently to direct respondents 2 to 4 to issue Pattadar Pass Books to the members of the petitioner-society to the extents mentioned in their D-Form pattas forthwith. This writ petition is filed in a representative capacity by the Prakasam District Andhra Kesari Harijana Girijana Venukabadina Taragathula Lift Irrigation Seva Sangam, Beerumgunta, Prakasam District represented by its President- Chalagam Setty Laxmaiah. According to the petitioner, it is a society registered under the Societies Registration Act, 1860 vide Registration No.178/91. The case of the petitioner-society is that the respondents have granted D- Form pattas to the members of it in 1969-70 and ever since they are in possession of the property. There are as many as 343 members belonging to Scheduled Castes, Scheduled Tribes and Backward Classes. Since the date of allotment, the members of the petitioner- society, with their hard labour, have developed the land and brought it under cultivation by investing huge amount. The pattas were also granted to the members of it in Sy.Nos.522/A and 696 to 764 of Devarampadu Village, Ongone Mandal, Prakasam District. In view of the rise in the value of the land, several persons have encroached upon the land in question. Therefore, the petitioner-society filed a suit in O.S.No.116/91 against 28 persons seeking injunction and the said suit was decreed on 18.05.1998. Though D-Form pattas were granted in favour of the members of the petitioner-society, no survey was conducted duly demarcating their land. Further, D-Form pattas were granted to them by giving small extents of land, ranging from one acre to two acres and in view of the longstanding possession and enjoyment of the same by the members of the petitioner-society, and since they are not in a position to raise any loans on the D-Form pattas, they are entitled to pattadar pass books. Therefore, they made representation to the third respondent-Revenue Divisional Officer, Ongole, who ultimately through proceedings dated 18.09.2000 referred the matter to the Joint Collector, Prakasam District, who in turn issued instructions to conduct survey immediately in assigned land and also in waste blocks in Devarampadu and Eethamukkala Villages. The third respondent identified the Surveyors for each Mandal and directed them to conduct survey and complete the same within one month. Thereafter, the petitioner-association filed W.P.No.19974 of 2000 seeking a direction to the respondents to conduct survey of the lands and this Court disposed of the said writ petition on 20.10.2000 directing the respondents to complete the survey, within a period of one month from the date of receipt of a copy of that order. Since the said order was not complied with, the petitioner-society filed C.C.No.93 of 2002 and during the pendency of the said Contempt Case, the respondents have completed the survey work and filed a report. The grievance of the petitioner-society is that though survey has been completed, pattadar pass books were not issued to its members, thereby depriving them from having the title deeds and raising crop loans from the Bank or financial institutions; and that though the first respondent-Secretary to Government, Revenue Department in his proceedings No.C5/III(P)/9446/95-4, dated 04.06.1995 instructed the second respondent-Collector, Ongole to arrange pattadar pass books to the members of the petitioner-society, so far no orders have been passed. Hence, this writ petition. No counter-affidavit is filed on behalf of the respondents. There is no necessity of going into all the details. It is suffice to notice that when the members of the petitioner- society have approached the first respondent, the first respondent in his proceedings No.Rc.C5/III(P)/9446/95-4, dated 04.06.1995 directed the Collector, Ongole to arrange for preparing pattadar pass books in the names of the members of the petitioner-society after careful personal enquiry, and it was further made clear that the society was ready and willing to pay the market rate to the Government at the rate of Rs.200/- per acre. In spite of the same, nothing has been done in the matter. Further, it appears that the members of the petitioner-society have been granted D-Form pattas and they are in possession and enjoyment of the same for the last more than 35 years. In those circumstances, the first respondent is directed to enquire into the matter in detail, within a period of three months from the date of receipt of a copy of this order, and take effective steps for preparation of pattadar pass books in favour of the members of the petitioner-society, if they are otherwise eligible as per law. The writ petition is accordingly disposed of. There shall be no order as to costs. C.V.RAMULU, J Date: 09.07.2009 va