IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15790 of 2008 Between: Smt. Kandrakota Rangamani, W/o. Rangababu R/o. M.P.Palli Charla Mandal, Khammam District. ..... PETITIONER AND 1 The Sub Collector, Bhadrachalam, Khammam District. 2 The R.D.O., Bhadrachalam, Khammam District. 3 The Tahsildar, Charla Mandal, Bhadrachalam, Khammam District. ....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 to issue a writ or order more particularly one in the nature of Writ of Mandamus to declaring the inaction of the 1st respondent in not issuing the Pattadar Pass Book pursuant to the report submitted by the 3rd respondent dt. 18-8-2007 is arbitrary, illegal, unjust adn in violation of Principles of Natural Justice and pass Counsel for the Petitioner:MR.V.V.PRABHAKARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a writ of Mandamus to declare the action of the first respondent-Sub Collector, in not issuing pattadar passbook in favour of the petitioner, in pursuance of the report, dated 18-08-2007, of the third respondent-Tahasildar, as illegal and arbitrary. The case of the petitioner is that originally her father, Muthavarapu Venkaiah, was the owner of an extent of Acs.15.95 cents of land in various survey numbers of M.P.Palli Village, Charla Mandal, Khammam District; that after his death, her brother, Muthavarapu Laxmana Rao, falsely got his name entered in the revenue records, as the sole legal heir of the said property and that her mother, on coming to know about the same, made a representation dated 28-02- 1996, to the Mandal Revenue Officer, Charla Mandal, to mutate her name in the revenue records for 1/3rd share of the property i.e. Acs.5.22 cents. The Mandal Revenue Officer, accordingly, after due verification of the revenue records and conducting an enquiry, by his proceedings, dated 26-07-1996, entered her name in the revenue records. The petitioner claims that her mother, during her life time, executed a will bequeathing the said extent of Acs.5.22 cents of land in her favour and that after her death, she made a representation to the third respondent on 27-01-2007 to mutate her name in the revenue records and issue pattadar passbook in respect of the said land, by virtue of the said registered will. As the third respondent did not act upon her representation, she made a representation to the first respondent, who, in turn, directed the third respondent to conduct enquiry and submit a report. Accordingly, the third respondent submitted his report on 18-08-2007. The grievance of the petitioner is that though the third respondent submitted his report, till date the first respondent has not issued any pattadar passbook in her name. Hence, the present writ petition. When the matter came up for admission, it was brought to the notice of this Court by the learned Assistant Government Pleader that according to the report of the third respondent, one Muthava Laxman Rao is in occupation of the land, and on the basis of the said report the first respondent will pass orders. Considering the submission made by the learned Assistant Government Pleader for Revenue that the third parties are in possession of the land in question, I deem it appropriate to dispose of the writ petition with the following directions: The first respondent, namely the Sub-Collector, Bhadrachalam, Khammam District, is directed to consider and dispose of the representation of the petitioner, after issuing notices to the parties concerned, and pass appropriate orders thereon, in the light of the report dated 18-08-2007 of the third respondent. There shall be no order as to costs. _____________ N.V.RAMANA, J. Dated 23rd July, 2008 GJ