THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7662 of 2010 Dated:08.04.2010 Between: G.Seshachalam. …Petitioner and The State of A.P., Rep.by Prl.Secretary, Secretariat, A.P., Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7662 of 2010 ORDER: The petitioner is a Chartered Accountant in Kurnool Town. In a family partition pursuant to a decree dated 20.02.1980 in O.S.No.78 of 1979 on the file of the Court of the Additional Subordinate Judge, Kurnool, the land admeasuring Acs.6.96 cents in survey No.315 was statedly allotted to him. He obtained pattadar pass books and title deeds from the Tahsildar (respondent No.4 herein). It appears, the staff from the Office of respondent No.4 surveyed the land in second week of March 2010. His enquiries revealed that the Government is proceeding to allot the land by way of pattas under Integrated Novel Development in Rural Areas and Model Municipal Areas (INDIRAMMA) Scheme to eligible persons. When the petitioner approached respondent No.4 he was given a copy of the relevant page from Form I-B register for Pasupula Village under Rule 14(1) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 (the Rules). In the said copy in respect of land in survey No.315 which was earlier shown to be in the holding of the petitioner, respondent No.4 rounded off the land and extent endorsing that it is “assessed waste (Government) land” and hence recommended for deletion. Aggrieved by the same, the petitioner filed the instant writ petition. Counsel for the petitioner raised mainly two submissions. When once the register in Form I containing of records of rights is prepared it is not competent for the Tahsildar to alter by way of deletions or inclusions in the holding of any landholder. Secondly as per Rule 15(3) of the Rules any such alterations/amendments to record of rights in Form I can be made only within a period of one year and as the petitioner’s land was entered in the record of rights in 1997 the jurisdiction does not exist. The matter was called in the forenoon. Assistant Government Pleader sought time to get instructions. In the afternoon based on the written instructions he submits that during the verification of the lands entered in Form I register it was found that the land in survey No.315 of Pasupula Village was wrongly shown as land belonging to the petitioner and therefore a recommendation was made to the Revenue Divisional Officer for its deletion. He has also placed before this Court a report of respondent No.4, being Rc.B/528/2010, dated 06.03.2010. The same is made part of the record. The said report of respondent No.4 to respondent No.3 reads as under. I submit that during the verification for inventarization of Government lands in connection with implementation of Koneru Ranga Rao Committee Recommendations and to provide house sites to the house less weaker section people it has been noticed that the pattadar pass books & title deed was issued by the then Tahsildar, Kurnool to an extent of 6.96 acres in survey number 315 of Pasupula village which classified as A.W. i.e., Government land. Further it is submitted that after thorough verification of revenue records and village accounts the said survey number was not converted to private patta land and hence it seems that Mr.G.Seshachalam S/o.Krishna Murthy Rao has got the pattadar pass book and title deed by misleading the revenue authorities. It is also submitted that as per the section 12 of Rights in Land and Pattadar Pass Books Act, 1971 (as amended Act 11 of 1982, 1 of 1989, 24 of 1989, 9 of 1994 & 16 of 2001) “Nothing in this Act shall apply to the lands belonging to the State Government or Central Government”. I have inspected the lands in survey number 315 of Pasupula village along with Mandal Surveyor, Mandal Revenue Inspector and Village Revenue Officer, Pasupula on 02.03.2010. The land is kept waste and it has not brought into the cultivation. The land is covered by big boulders/banda in a shape of thippa. The land is situated behind the Pullaiah Engineering College and surrounded by the private layouts. There is heavy demand for house sites from the houseless weaker section of Pasupula, Rudravaram, Sudireddypalle, Venkayapalle and Nandanapalle villages. Further it is also submitted that it is too difficult to acquire the land for house sites to the weaker section people since the entire area covered by private layouts and there is no vacant private patta land is available and the rate is also very high i.e., more than Rs.40 lakhs per acre. Hence I request that necessary action may kindly be taken immediately to delete the said survey number from the pattadar pass book and title deed which got by G.Seshachalam S/o.Krishna Murthy Rao vide 1B Khata No.303. In view of the above even if the Mandal Revenue Officer has rounded off survey No.315 with an endorsement that it is assessed waste (Government land), the same shall not have any effect, and as pointed out by the Assistant Government Pleader it was only done for the purpose of identification for further action. In any event unless and until appropriate enquiry is conducted after giving adequate opportunity to the petitioner, such entries cannot be altered by the Tahsildar or the Revenue Divisional Officer. As the matter is now pending before respondent No.3, needless to mention that a notice be issued to the petitioner asking to submit explanation, and pass appropriate orders. There shall not be any coercive action against the petitioner. The Writ Petition is disposed of accordingly. _____________ (V.V.S.RAO, J) 08.04.2010 vs