THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.10411 of 2007 ORDER: The 2nd respondent submitted a representation dated 22-07-2006 to the 1st respondent, stating that he held Ac.11.20 guntas of land in Sy.No.302 and Ac.6.20 guntas in Sy.No.303 of Mamidipally Village and Gram Panchayat limits, and that he sold the entire land, except to an extent of Ac.1.32 guntas. He submitted that he surrendered the pass books on an earlier occasion, but it became necessary for issuance of pass books for the remaining Ac.1.32 guntas. Acting on the representation, the 1st respondent issued proceedings dated 11-12-2006, holding and confirming that the 2nd respondent holds an extent of Ac.1.32 guntas of land in Sy.Nos.302 and 303, and that the said conclusion was arrived at, after the land was demarcated on the ground, physically. The petitioners state that the 2nd respondent has sold his entire land, so much so, that he surrendered the pass books and title deeds. It is also stated that they purchased part of the land from the transferees of the 2nd respondent. They challenge the proceedings dated 11-12-2006, on the ground that they are not referable to any provision of law, much less they can be sustained on facts. Heard Sri A. Sudershan Reddy, learned counsel for the petitioners, learned Government Pleader for Revenue, and Sri M.Venkateswara Rao, learned counsel for respondent No.2. A perusal of the representation dated 22-07-2006 discloses that the 2nd respondent requested the 1st respondent to issue pass books and title deeds for the extent of Ac.1.32 guntas in Sy.Nos.302 and 303 of Mamidipally Village. The application is said to be , one under Section 4 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’.) The Act and the Rules made thereunder prescribe the forms, through which an application has to be made. Necessary particulars, as to whether the entries are to be made for the first time, or by way of mutation; are to be furnished. Further, the persons, who are to be immediately affected, either in the form of transferees or transferors, are also to be mentioned. The representation dated 22-07-2006 does not accord with the prescribed form. Be that as it may, in case an application in the prescribed form is made, for issuance of pass books and title deeds, the same must lead to issuance of such pass books and title deeds, in case the issuing authority is satisfied about the facts pleaded before him. In the instant case, the 1st respondent has virtually adorned the role of a Civil Court, and almost gave a declaratory decree in favour of the 2nd respondent. It is also mentioned that he has undertaken physical demarcation of the land. This entire exercise is outside the scope and ambit of the Act and the Rules. Further, the order does not disclose that any affected parties are put on notice, much less any verification was undertaken, to know as to who is in physical possession of the land. Hence, the writ petition is allowed, and the impugned order is set aside. It is left open to the 2nd respondent to submit an application in the prescribed form, duly furnishing necessary particulars. As and when such application is made, the 1st respondent shall verify the facts, issue notices to the aggrieved parties, and pass orders, in accordance with law. There shall be no order as to costs. ________________________ Dt.10-02-2009. L. NARASIMHA REDDY, J. KO