IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20885 of 2007 Between: Dr.Aksari Hassan S/o.Sibte Nabi Abedi Fatima Complex, Raj Bhavan Road Somajiguda, Hyderabad ..... PETITIONER AND The Mandal Revenue officer, Kolher Mandal Mahabubnagar District .....RESPONDENT 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 to issue an appropriate writ order or direction more particularly one in thenature of writ ofmandamus declaring the action of therespondent in not issuing the pattadar pass book and Title Deeds in respect of the land admeasuring Ac.2.26 gts in Sy.no.99 situated at Nandigama village, Kolher mandal, Mahabubnagar district as being illegal, arbitrary, unconstitutional and contrary to the provisions of the AP Rights in Land and Pattadar Pass book Act, 1971 and consequently direct the respondent herein to forthwith issue the Pattadar Pass book and Title Deeds in respect oftheland admeasuring Ac.2.26 gts in Sy.No.99 situated at Nandigama village,Kolher Mandal, Mahabubnagar District and pass Counsel for the Petitioner:MR.S.NIRANJAN REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 20885 of 2007 Order: The petitioner claims to be absolute owner and possessor of the land in an extent of Ac.1.00 gts., and Ac.2.12 gts., total admeasuring Ac.3.12 gts., situated in Survey No.99 of Nandigama village, Kothur Mandal, Mahabubnagar District, having purchased the same under two separate registered sale deeds. He states that he made a representation dated 31.08.2007 requesting the respondent, namely the Mandal Revenue Officer, Kothur Mandal, for issuance of pattadar passbooks and title deeds under the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’), but it is his grievance that till date the respondent has not passed any orders either rejecting or granting pattadar passbooks and title deeds. In response to the notice ordered by this Court, the respondent filed counter stating that he got a local enquiry conducted, in which it was found that the petitioner was never in possession of the land in an extent of Ac.3.26 gts., situated in Survey No.99 of Nandigama village, much less from the date of purchase. Since the non-possession of the land contravenes the provisions of Rule 26(6) of A.P. Passbook and Title Deed Rules 1989, the pattadar passbooks and title deeds were not issued and already an endorsement was made to that effect, vide endorsement No.A/3412/2007, dated 08.10.2007, and there is also an application filed by one Sri Islawat Ramja for incorporation of his name in the revenue records. The learned Assistant Government Pleader further submitted that as against the order dated 08.10.2007, passed by the respondent- Mandal Revenue Officer, the petitioner has a remedy of appeal under Section 5(5) of the Act, before the Revenue Divisional Officer. The learned counsel for the petitioner submitted that the order dated 08.10.2007, passed by the respondent-Mandal Revenue Officer, was not communicated to him. If that be so, I deem it appropriate to dispose of the writ petition with the following directions: The respondent, namely the Mandal Revenue Officer, Kothur Mandal, Mahabubnagar District, is directed to furnish copy of the order dated 08.10.2007 to the petitioner forthwith. On such furnishing, the petitioner is at liberty to avail the remedy of appeal available to him under Section 5(5) of the Act. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 17.03.2008 Ksr/Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}