IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8791 of 2009 Between: 1 Malan Bee, W/o. MOhd. Aijaj Ahmed, R/o.H.No. 1-15, Nanakramguda, Serilingampally Mandal, Ranga Reddy District. 2 Mumtaz Begum, W/o. Mohd. Abdul Raheem, R/o.H.No. 1-15, Nanakramguda, Serilingampally Mandal, Ranga Reddy District. 3 Sabera Begum, W/o. MOhd. Burhan, R/o.H.No. 1-15, Nanakramguda, Serilingampally Mandal, Ranga Reddy District. 4 Munni Begum, W/o. Khader Shareef, R/o.H.No. 1-15, Nanakramguda, Serilingampally Mandal, Ranga Reddy District. 5 Tahera Begum, W/o. Mohd. Iqbal, R/o.H.No. 1-15, Nanakramguda, Serilingampally Mandal, Ranga Reddy District. ..... PETITIONERS AND 1 The District Collector, Ranga Reddy District at Hyderabad. 2 The Tahsildar cum Deputy Collector, Serilingampally Mandal, Ranga Reddy 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 in the nature of WRIT OF MANDAMUS or any other appropriate Writ or Writs, Order or Direction, declaring the action of the 2nd Respondent in not disposing of the application dt. 19 3 2009 made by petitioners for mutating their names in revenue records, in respect of lands bearing Sy.No. 105 admeasuring Ac. 3.00 and Sy.No. 107 admeasuring 1.00, totally admeasuring Ac. 4.00 situated at Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, as per Section 4 of Record of Rights in Lands & Pattedar Passbooks Act, 1971, as illegal and arbitrary and to consequently direct the Respondents to forthwith consider the said application dt. 19 3 2009 made by petitioners and mutate the names of petitioners in revenue records in respect of the above mentioned property; Award Costs and pass Counsel for the Petitioners:MR.K.RAGHUVEER REDDY Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No : 8791 of 2009 Order: It is stated that the petitioners are the daughters of one Syed Ahmed Ali. An extent of 3.00 acres of land in Survey No. 105 and an extent of Ac. 1.00 in Survey No. 107 is recorded in the name of Syed Ahmed Ali. He is said to have orally gifted the same in equal shares to the petitioners. It is also stated that a preliminary decree for partition was passed in O.S. No. 353 of 2005 on the file of the Chief Judge, City Civil Court, Hyderabad. In this background, the petitioners submitted a representation on 19.3.2009 to the Tahsildar, Serlingampally, the 2nd respondent herein, with a request to enter their names in the revenue records. Their grievance is that no action has been taken yet. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. The A.P. Record of Rights in Land and Pattadar Pass Books Act,1971 (for short ‘the Act’) and the Rules made thereunder prescribe the procedure for effecting entries, mutation thereof and issuance of pattadar pass books and title deeds. Whenever a person acquires right vis-a-vis any land, he is required to make an application in Form VI (A) before the Tahsildar. Necessary particulars are to be furnished. On receiving the application, the Recording Authority, i.e., the Mandal Revenue Officer shall issue notices to the concerned persons and take necessary steps. The application made by the petitioners is not in Form No.VI(A). Further, it will be difficult for the 2nd respondent to act upon an oral gift. Instead the petitioners and their father can make a joint application. Therefore, the writ petition is disposed of leaving it open to the petitioners to file an application in Form VI(A) signed by the petitioners as well as their father, by furnishing necessary particulars. As and when such application is filed, the 2nd respondent shall verify the facts from the concerned persons including the person in whose name the land is now recorded and take necessary steps within two months thereafter. No costs. _____________________ L.NARASIMHA REDDY,J Date: 28th April, 2009 Note: Furnish c.c. in one week. B/o pnb