IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8498 of 2009 Between: S. Lava Kumar Reddy S/o. S. Venkat Reddy Permanent resident of Bheemunipatnam, Visakhapatnam District, now residing at Flat No.203, Sarada Residency Sunder Nagar,Hyderabad-500038 ..... PETITIONER AND 1 The District Collector and Magistrate, Visakhapatnam District, Andhra Pradesh 2 The Revenue Divisional Officer, Visakhapatnam (Rural) Andhra Pradesh 3 The Tahsildar, Bheemunipatnam Mandal Visakhapatnam 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 issue a writ order or direction more particularly a writ in the nature of writ of mandamus declaring the action of the respondents in not issuing Pattadar Passbooks and Title Deed Books to the extent 3.00 Acres of agricultural land situated in Sy.No.369 of Kapuluppada village, Bheemunipatnam Mandal, Visakhapatnam District in favour of the petitioner as illegal, arbitrary, unconstitutional and contrary to the provisions of A.P. Rights in Land & Pattadar Pass Books Act, 1971 and Rules, made thereunder and consequentially praying this Hon`ble court to direct the respondent to issue Pattadar Passbooks and Title Deed Books to the extent 3.00 Acres of agricultural land situated in Sy.No.369 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District, in favour of the petitioner. Counsel for the Petitioner: MR. C. V. BHASKAR REDDY Counsel for the Respondents: G.P. FOR REVENUE The Court made the following : ORDER: The petitioner submitted an application in Form - I(A) under Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, the Act) and Rules made thereunder before the third respondent with a request to issue pattadar passbook and title deeds in his favour as regards Acs.3.00 of land in S.No.369 of Kapuluppada Village, Bheemunipatnam Mandal on 16.2.2009. His grievance is that no action is taken thereon. Accordingly, he seeks appropriate directions. Heard the learned Counsel for the petitioner and the learned Government Pleader for Revenue. It is stated that the land referred to above was assigned to one Mr. Killi Narasimha Appa Rao, an Ex-service man, vide proceedings dt.30.10.1994 and he, in turn, executed a gift deed to his sister, who is none other than the wife of the petitioner, in the year 2008. She is said to have gifted the land in favour of the petitioner. The third respondent cannot be found fault with for his alleged inaction. The reason is that the very application filed by the petitioner is defective. Whenever an individual acquires rights in respect of a land, intimation thereof, coupled with a request to take necessary steps, is to be made through an application in Form - VI(A), which is referable to Section 4 of the Act and Rule 18 of the Rules. The petitioner has chosen to file a defective application. Further, it is not as if there was any undue delay on the part of the respondents. Till recently, the third respondent was drawn for election duty and he cannot be expected to decide applications in matters of this nature. Even now the petitioner can make an appropriate application. Hence, the Writ Petition is disposed of leaving it open to the petitioner to file an application in Form No. VI(A) prescribed under the Rules duly furnishing necessary particulars. The respondents shall take necessary action and conclude the proceedings within a period of three months from the date of receipt of the application. No costs. ______________________ (L. NARASIMHA REDDY, J) 23.4.2009 bnr