IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 13365 of 2009 Between: Shaik Janimiya S/o.Uddandu Banigallapadu(V) Yerrupalem(M) Khammam District ..... PETITIONER AND 1 The District Collector Khammam,Khammam District 2 The Revenue Divisional Officer Khammam(R) Division,Khammam District 3 The Tahsildar(Rural) Khammam Khammam(R)&(M) Khammam District 4 The Spl. Deputy Collector(LA) IPT&Railways Khammam,Khammam District .....RESPONDENTS 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 a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 3rd respondent in not issuing pattadar pass Book and title deed in respect of the land admeasuring Ac 5.13 guntas in SY Nos 98,100,107& 108 situated at Danavaigudem(V) Khammam(R) Mandal Khammam District belonging to the petitioner herein as illegal, arbitrary unconstitutional and contrary to provisions of A.P Rights in Land and pattadar pass Books Act 1971 and consequently direct the 3rd respondent issue pattadar pass Book and title deeds in respect of the land admeasuring Ac 5.13 guntas in SY No. SY Nos 98,100,107& 108 situated at Danavaigudem(V) Khamma(R) Mandal Khammam District belonging to the petitioner herein and pass Counsel for the Petitioner :MR.K.V.SUBRAHMANYA NARUSU Counsel for the Respondents: GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.13365 OF 2009 ORDER: This writ petition is filed seeking a Mandamus declaring the action of the third respondent in not issuing pattadar pass book and title deed in respect of the land admeasuring Ac.5.13 guntas in Sy.Nos.98, 100, 107 and 108 situated at Danavaigudem Village, Khammam Rural Mandal, Khammam District belonging to the petitioner as arbitrary, illegal and contrary to the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and consequently to direct third respondent to issue pattadar pass book and title deeds in respect of said land. According to the petitioner, in the year 1983, he has purchased the land to an extent of Ac.5.13 guntas in Sy.Nos.98, 100, 107 and 108 of Danavaigudem Village, Khammam Rural Mandal, Khammam District, under an agreement of sale dated 20.04.1983 and sought for mutation of his name in the revenue records and in that regard he has filed detailed representations on 22.12.2008 and 20.04.2009 before the Mandal Revenue Officer concerned. However, since, there was some dispute as to the acquisition of these lands under Nagarjuna Sagar Project, the petitioner also approached the Special Deputy Collector (Land Acquisition), who issued a certificate stating that the award passed vide No.5 of 1970, dated 11.02.1970 in respect of land acquired for the purpose of Nagarjuna Sagar Project in the village limits of Danvaigudem of Khammam Rural Mandal does not contain the Sy.Nos.98, 99, 100, 101, 102, 103, 107 and 108 and they are not coming under acquisition. In spite of that the Mandal Revenue Officer has not taken any action for issuance of pattadar pass book and title deed in respect of the subject land in favour of the petitioner. Hence, this writ petition. In the facts and circumstances of the case, without expressing any opinion on merits, the Mandal Revenue Officer, Khammam Rural Mandal, is directed to consider the representations purported to have been filed by the petitioner on 22.12.2008 and 20.04.2009 and pass appropriate orders by conducting a detailed enquiry into the matter for the purpose of issuance of pattadar pass book and title deed in respect of the subject land in favour of the petitioner as per law. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. With the above directions, the writ petition is disposed of. No order as to costs. _______________ C.V. RAMULU, J 4th August, 2009 Note: CC in one week. B/o. MD/MVB