IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD. (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF OCTOBER, TWO THOUSAND AND NINE PRESENT THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.22295 OF 2006 B e t w e e n: Sarvar Miyan, S/oZainuddin, Aged 70 Years, Agriculturist, R/o.Ramzole (V), Zaheerabad (M), Medak District. - - - Petitioner. A n d The Mandal Revenue Officer, Zaheerabad Mandal, Zaheerabad, Medak Distriact.. - - - Respondent. 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 any Writ more particularly one in the nature of Writ of Mandamus directing the respondent to conduct enquiry and issue splitted the Pattadar pass book in favour of the petitioner to the extent of Ac.10-39 guntas in Survey No.39/A2 situated at Alipur Village, Zaheerabad Mandal, Medak District. Counsel for the Petitioner : MR. Mohd. Gulam Rasool. Counsel for the Respondent : MR. The court made the following : THE HON’BLE SRI JUSTICE G. CHANDRAIAH WRIT PETITION NO.22295 OF 2006 O R D E R: The writ petition has been filed by the Petitioner seeking writ more particularly one in the nature of Writ of Mandamus directing the respondent to conduct enquiry and issue divided pattadar passbook in favour of the petitioner to the extent of Ac.10-39 guntas in Survey No.39/A2 situated at Alipur Village, Zaheerabad Mandal, Medak District. The case of the petitioner is that his father Zainuddin has died before 1954. After his death, the petitioner along with his other two brothers got divided the ancestral property. Accordingly, Ac.9-39 guntas in Survey No.40/A fell to the share of one Kale Sahab (elder brother), S/o. Zainuddin, Ac.8-32 guntas in Survey No.35/A fell to the share of Ikramuddin (Second brother), S/o. Zainuddin and Ac.10-39 guntas in Survey No.39/A-2 fell to the share of the petitioner (younger brother). After the death of the petitioners’ father Zainuddin before 1954, the above respective properties have been divided and since then, the three brothers are in the possession and enjoyment of the lands. After the death of the petitioner’s father Zainuddin, the petitioner’s elder brother i.e. Kale Saheb, was shown in the revenue records as pattadar in stead of splitting the name as per Sub-rule 1(a) of Rule 5 of A.P. Pattadar Pass Book Rules, 1989. While so, the petitioner’s elder brother Kale Sahab died in the year 1998 and after his death also, the name of his elder brother i.e., Kale Sahab was continued as pattadar in three different survey numbers. The petitioner made a representation to delete the name of his elder brother from out of his Survey No.39/A-2. Regarding the Survey No.40/A is concerned, Ikramuddin and petitioner have no rights over that property as it was divided in the year 1954 it self and fell to the share of his elder brother. So far, his elder brother Kale Sahab’s name was not deleted from the Revenue records from out of the Survey No. 39/A-2 of the petitioner. Taking advantage of this, the legal heirs of his elder brother Kale Sahab, had applied to enter their names in the Survey No.s 35/A and 39/A-2 belonging to the second brother and the petitioner, as their father’s name was shown in the pattadar pass books, even though they have no such right or title over the said Survey numbers. Therefore, the petitioner made a representation to the respondent and also got issued legal notice dated 22-08-2006. In spite of having sent representations since 1954 the name of Kale Sahab was not deleted and pattadar pass book was not splitted even though their names are shown in the cultivation column as ‘cultivators’. Therefore the present writ petition is filed. No counter is filed on behalf of the respondent. Having regard to the averments made in the affidavit filed in support of the writ petition, the writ petition is disposed of directing the respondent to consider the representation of the petitioner, by conducting enquiry and issue splitted pattadar pass book in favour of the petitioner to an extent of Ac.10-39 guntas in Survey No.39/A-2, situated at Alipur Village, Zaheerabad Mandal, Medak District, in accordance with law within a period of two months from the date of receipt of a copy of this Order. No order as to Costs. __________________ G. CHANDRAIAH, J. DATE: 13-10-2009. Dsh/Dvs.