IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20773 of 2010 Between: Budda Vidya & another ..... Petitioners AND The Tahsildar, Bheemunipatnam, Bheemunipatnam Mandal, Visakhapatnam District. .....Respondent Counsel for the petitioners : Sri P. Satyanarayana Counsel for the respondent: AGP for Revenue The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20773 of 2010 ORDER: This writ petition is filed for a Mandamus to declare the inaction of the respondent in disposing of the petitioners representation dated 20.07.2009 for amendment of record of rights by entering their names as illegal and arbitrary. The petitioners claim that they have purchased extents of 325 and 650 square yards in Sy.No.387/1 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District under registered sale deeds dated 16.07.2002. The petitioners claimed to have made a representation dated 20.07.2009 to the respondent for mutation of their names in the revenue records. The grievance of the petitioners is that the said application is not being considered and disposed of. I have heard Sri P. Satyanarayana, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue (Assignments). No counter affidavit is filed. Under Section 4 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 if an application is made by a person, who acquires right in agricultural land, it is incumbent upon the respondent to amend the record of rights or refuse to amend, as the case may be, by passing an order under Section 5(1), after holding appropriate enquiry by following the procedure under Section 5(3) of the Act. If the petitioners have made an application, as claimed by them as far back as 20.07.2009, it would be abdication of the statutory functions of the respondent. The said application is not disposed of in the manner as noted above. As no counter affidavit is filed by the respondent, it is reasonable to presume that the petitioners have made an application for amendment of record of rights. For the abovementioned reasons, the writ petition is disposed of with the direction to the respondent to consider the petitioners’ representation dated 20.07.2009, if already received and take appropriate action in accordance with the provisions of Sections 5(1) and (3) of the Act within a period of two months from the date of receipt of a copy of this order. As a sequel to disposal of the writ petition, WPMP.No.26417 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 27.09.2010 ES