THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.29380 of 2010 DT.25.11.2010 Between: A.D.Narasimha Rao … Petitioner And The State of Andhra Pradesh, rep.by its Secretary, Revenue Department, Hyderabad & others. … Respondents Counsel for the Petitioner: Sri K.S.Mallikarjuna Rao Counsel for respondents: AGP for Revenue The Court made the following ORDER: ORDER: This writ petition is filed for a mandamus to declare the inaction of respondent Nos.4 and 5 in carrying out amendments in the revenue records by incorporating the name of the petitioner and his mother as owners in respect of land admeasuring Acs.1.08 cents bearing Patta No.485 comprised in Survey No.135 of Sowbhagyarayapuram Village, Pendurthy mandal, Visakhapatnam District, as illegal and arbitrary. It is the pleaded case of the petitioner that he and his mother purchased the above-mentioned land from one Sri Putta Ramesh, under a registered sale deed, dated 28.10.2009. The petitioner and his mother are stated to have approached respondent No.5 on 05.11.2009 with a request to issue pattadar pass books and title deeds. It is pleaded that respondent No.5 informed the petitioner orally that he has got instructions from respondent Nos.1 to 4 not to issue pattadar pass books and title deeds, as the land was assigned to an ex-serviceman, who has no right to alienate the same. According to the petitioner, as per G.O.Ms.No.1117, dated 11.11.1993, an ex- serviceman is entitled to sell the assigned land after expiry of 10 years of assignment and that therefore, the stand taken by respondent Nos.1 to 3 and 5 cannot be sustained in law. Under Section 4 of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’), any person, who acquires right in any manner as specified therein, is entitled to approach the Recording Authority (respondent No.5 herein) with a request to alter the entries in the record of rights. Under Section 5(1) of the Act, respondent No.5 is obligated to take a decision after holding an enquiry as envisaged under Section 5(3) of the Act. As already an application has been made by the petitioner, respondent No.5 is bound to act in accordance with the above-mentioned statutory provisions. In this view of the matter, the writ petition is disposed of with a direction to respondent No.5 to hold an enquiry, take decision on the petitioner’s representation and communicate the same to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. As a sequel to disposal of the writ petition, W.P.M.P.No.37418 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. (C.V.NAGARJUNA REDDY, J) Date: 25.11.2010. VGB