IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY SATURDAY, THE FIFTEENTH DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY WRIT PETITION No.11888 of 2002 Between: V.Simhachalam. … Petitioner And The District Collector, Visakhapatnam, Visakhapatnam District and two others. … Respondents Counsel for the petitioners: None Counsel for the respondents: None This Court made the following: ORDER:- This Writ Petition is ﬁled for a Writ of Mandamus to declare the action of respondent No.3 in not mutating the name of the petitioner and issuing pattadar pass book and title deed in favour of the petitioner in respect of the land admeasuring Ac.3.60 cents in Survey No.111/6 of Madhurawada village, Chinagadila Mandal, Visakhapatnam District, as illegal and arbitrary. At the hearing, there is no representation for the petitioner and the respondents. I have perused the record. The petitioner claims that he was granted DKT patta, vide:D.Dis.No.389/82/B1, dated 22-6-1982 in respect of the above mentioned land. He averred that he submitted his applications to the respondents on 9-1-1993, 27-6- 1995, 14-11-1998, 1-3-1999 and 5- 6-2002 to mutate his name in the record of rights and grant pattadar pass book and title deed. The inaction of the respondents, in passing appropriate orders on his representations, is questioned in this Writ Petition. In the counter-aﬃdavit ﬁled by the Mandal Revenue Oﬃcer, Chinagadila Mandal, Visakhapatnam district, respondent No.3 herein, he, inter alia, denied the genuineness of the patta and stated that no DKT patta was granted in favour of the petitioner in respect of the said land; and that the land remains as the Government land. Under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short “the Act”) whenever a person applies for amendment of the entries in the record of rights, the Mandal Revenue Oﬃcer concerned shall hold appropriate enquiry and pass order under Section 5(3) of the Act. If a person is aggrieved by such an order, he is entitled to ﬁle an appeal under Section 5(5) of the Act before the appellate authority. In the instant case, the claim of the petitioner that he had been making representations to the respondents for amendment of record of rights is not disputed. It is, therefore, the statutory obligation of respondent No.3 to dispose of the said representations by passing appropriate orders. For the above-mentioned reasons, the Writ Petition is disposed of in the following terms: 1) The petitioner is permitted to ﬁle a fresh application for amendment of record of rights and grant of pattadar pass book and title deed, along with supporting material to show that he was granted assignment, within a period of six weeks from today; and 2) If such an application is made within the stipulated time, respondent No.3 (Tahsildar) shall consider and pass appropriate orders thereon. If he ﬁnds that the assignment said to have been made is genuine, he shall take appropriate action for amendment of record of rights and issue of pattadar passbook and title deed; and if respondent No.3 comes to a converse conclusion, he shall pass a reasoned order and communicate the same to the petitioner within a period of eight weeks from the date of receipt of the representation from the petitioner. ------------------------- ----------- C.V.NAGARJUNA REDDY,J Date:15-11-2008 MNR