THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.22761 of 2010 Date : 5-10-2010 Between : K.V. Ranga Reddy s/o.K.Jitender Reddy .. Petitioner And The District Collector, Ranga Reddy District, Hyderabad and others .. Respondents Counsel for petitioner : Sri D.Jagan Mohan Reddy Counsel for respondents : Assistant Government Pleader for Revenue The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.22761 of 2010 ORDER: This Writ Petition is filed for a mandamus to set-aside Memo dated 23-7-2010 of respondent No.3. A perusal of the impugned Memo shows that the petitioner’s application for mutation of his name in respect of Ac.1-00 comprised in Sy.No.87 of Rajendernagar village and Mandal has been rejected on the ground that the Will on the strength of which the petitioner is seeking succession is unregistered. In my opinion, this reasoning of respondent No.3 cannot be sustained in law because neither the provisions of the Hindu Succession Act, 1956, nor the Registration Act, 1908 require compulsory registration of a Will. Therefore, the impugned Memo cannot be sustained in law and the same is accordingly set-aside. Respondent No.3 is directed to reconsider the petitioner’s application for amendment of entries in the Record of Rights without insisting on registration of the Will. In the event respondent No.3 forms an opinion that for any legally sustainable reasons the petitioner’s request cannot be accepted, he shall issue a notice to the petitioner under proviso to Section 5(1) of A.P. Rights in Land and Pattadar Pass Books Act 1971 before passing an order of rejection of the petitioner’s application. Conversely, if respondent No.3 finds that the petitioner’s application deserves to be accepted, he shall pass appropriate order under Section 5(1) of the aforementioned Act for correction of entries in the Record of Rights. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is allowed to the extent indicated. __________________________ C.V. NAGARJUNA REDDY.,J Date : 5-10-2010 AM