THE HONOURABLE SRI JUSTICE V.ESWARAIAH W.P. No. 805 of 2008 Date:22-01-2008 Between: Smt.K.S.M. Lakshmi …Petitioner AND The Tahsildar, Chinagadili .. Respondent ORDER: The petitioner seeks a writ of mandamus to declare the action of the respondent in not issuing pattadar pass book and title book to her for the agricultural land in Sy.No.174/1 to an extent of Ac.4.72 cents of land situated at Madhurwada village of Chinagadili mandal, Visakhapatnam, as illegal and arbitrary. It is the case of the petitioner that on an application filed by Penumastha Satyanarayana Raju and Rajapanthula Raghava Rao under Section 11(a) of the Estate Abolition Act for grant of rythwari patta in respect of Ac.9.36 cents in Sy.No.174/1 situated at Madhurawada village of Visakhapatnam taluq, the Settlement Officer by order, dated 06.08.1961 in R.P.No.201/61 ordered for issuance of rythwari patta in their favour in respect of the said land. It is the case of the petitioner that both of them are entitled to half of the said property. It is stated that the petitioner and another filed an application, dated 28.02.2007 before the Revenue Divisional Officer, Visakhapatnam and Mandal Revenue Officer, Chinagadili in continuation of the earlier representations, dated 01.02.2006 and 17.02.2006 for issuance of pattadar pass book and title book. Subsequently, the petitioner also filed another application, dated 14.08.2007 before the Mandal Revenue Officer, Chinagadili mandal for issuance of the pattadar pass book and title book. I am not inclined to express any opinion as to whether the petitioner is the legal heir or not. But, however, having regard to the facts and circumstances of the case, if the said order of the Settlement Officer, Visakhapatnam, dated 06.08.1961 in R.P.No.201/61 has become final and not modified or cancelled and if the petitioner is only the legal heir, the application of the petitioner, dated 14.08.2007 may be considered and disposed of by the Mandal Revenue Officer, Chinagadili mandal, in accordance with law. With the aforesaid direction, the writ petition is disposed of. There shall be no order as to costs. ________________ V.ESWARAIAH, J. Date:22.01.2008 Note: Furnish C.C. within a week. B/O Ccm