IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA Writ Petition No : 24232 of 2004 Between: Chennupati Krishna Rao (died as per LRs) ..... PETITIONERS AND The District Collector, Maharanipeta P.O., Visakhapatnam and another. .....RESPONDENTS Order: The first petitioner claims to be the absolute owner and possessor of dry land to an extent of Acs.1.80 cents situated in Survey No.89/4 of Kurmannapalem, having purchased the same under a registered sale deed, dated 04.09.1982 for a valuable consideration and since then, he claims to be in peaceful possession and enjoyment of the same, without any let or hindrance. It is his case that though during the Survey & Settlement, the said land was wrongly classified as a Banjar, subsequently the Zamabandi Officer corrected the said classification as a Patta land. However, instead of carrying out the said changes in the revenue records, the Mandal Revenue Officer, Gajuwaka Mandal, the second respondent herein, initiated action under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 to evict him. Aggrieved by the same, the petitioner claims to have filed O.S.No.81 of 2002 on the file of the learned Senior Civil Judge, Gajuwaka for declaration, which was decreed on 24.03.2003. Questioning the said decree, the second respondent filed A.S.No.3597 of 2003, which is pending. While so, it is the grievance of the first petitioner that he made an application on 31.07.2004 under Section 5 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. However, the second respondent, through the impugned order, dated 28.09.2004, has negatived his request stating that issuance of pattadar pass books and title deed to the petitioner-claimant is deferred, till the disposal of the appeal, though the suit filed by him was decreed and no stay was granted in the A.S. Hence, the present writ petition. During the pendency of the writ petition, the first petitioner died and his legal representatives were brought on record vide order, dated 17.11.2009 in W.P.M.P.No.31045 of 2009. The petitioners filed W.P.M.P.No.32813 of 2009 seeking interim direction to the respondents to issue pattadar pass book and title deed in respect of the subject land stating that the appeal filed by the second respondent against the judgment and decree in O.S.No.81 of 2002 came to be dismissed. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. Having regard to the fact that A.S.No.3597 of 2003 filed by the second respondent against the judgment and decree in O.S.No.81 of 2002 on the file of the learned Senior Civil Judge, Gajuwaka was dismissed, there cannot be any impediment for the second respondent to issue pattadar pass book and title deed to the petitioners in respect of the subject land. In the circumstances, the writ petition is disposed of directing the respondents to issue pattadar passbook and title deed in respect of the subject land, expeditiously, within a period of two months from the date of receipt of a copy of this order. No costs. ___________________ N.V. RAMANA, J. Date:19.11.2009 VGB