IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.21470 of 2008 Between: Mir Mubarak Ali Khan S/o.Late Mir Mohd. Ali Khan Rafaee Aged 57 years, Occ:Business Resident of Hyderabad rep. By his G.P.A. Holder Syed Moihuddin Ahmed S/o.Syed Moinuddin, aged 60 years, Occ: Business, Resident of Shakar Gunj, Hyderbad. ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad 2 The Deputy Collector O/o.Dy.Collector, Hyderabad 3 The Revenue Divisional Officer, Hayatnagar, Dist. Ranga Reddy 4 The Tahsoldar Hayatnagar-Mo, 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 an appropriate writ more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not issuing the certiﬁed copies Pahanis for the years 1955-56 to 1971-72 and 1973-74 till date in respect of the lands in an extent of Ac.147-22 guntas in Sy Nos.2,3,38,68,70,72,130 to 132 situated at Sahebnagar Kalan(V) Hayathnagar-Mandal, Ranga Reddy District as being illegal arbitrary and violative of Articles 14,21 and 300-A of the constitution of India and consequently direct the respondents to forthwith issue the Certiﬁed copies of the Pahanis as required and issue such other writ or orders Counsel for the Petitioner: MR.CH.SAMSON BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.21470 of 2008 O R D E R: In this writ petition, the petitioner is questioning the action of the respondents in not issuing the certiﬁed copies of the Pahanies to him for the years 1955-56 to 1971-72 and 1973-74 to till date in respect of the lands in an extent of Ac.147.22 guntas situated in Survey Nos.2,3,38,68,72,130 to 132 situated at Sahebnagar Kalan Village, Hayathnagar Mandal of Ranga Reddy District. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and at their request the main writ petition itself is taken up for final disposal at the admission stage itself. The petitioner claims to be the legal heir of one late Mir Mohd. Ali Khan Rafaee. It is his case that in the Khasra Pahanis for the year 1945-55 the name of Nawab Mir Mohd.Ali Khan is shown as possessor and Nawab Salarjung Bahadur is shown as pattadar. Thereafter, a representation was made to the Revenue authorities for incorporating the name of the petitioner’s father as owner of the lands in issue, which were bequeathed in favour of the petitioner vide a registered Will deed, dated 09.06.2004 executed by Nawab Mir Ali Rafaee. On 18.10.2005 since his father died the petitioner started looking the properties under the will and in that process made a representation to the authorities for issuance of Khasra Pahanis as stated supra and the said request was rejected by the Assistant Tahsildar, Hayathnagar Mandal, by Memos dated 19.06.2008 and 24.07.2008 stating that the Pahanies for the said years are not found in the Revenue Oﬃce and that the records for the years 1979- 1996 are in a torned condition. Aggrieved by the said two memos, the present writ petition has been filed. The Memo No.530/2008, dated 19.06.2008 reads as under: “As per the above cited reference, when we observed the records for the land Survey No:2,3,38,39,68,70,72,130 and 131 of Sahib Nagar, Hayathnagar Mandal, Ranga Reddy District for the year 1954, 1955, 1972-1973, 2006-2007, we have no records for the year 1972-73, 1954-55, and 2006-2007. Hence this information.” The Memo No.612/2008, dated 24.07.2008 reads as under: “For the above cited reference, when we observed the records for the land Survey No:2 of Sahib Nagar, Hayathnagar Mandal, Ranga Reddy District for Pahanies for the year 1955-58, 1959-1961, 1968-1974, 2000 to 2002, 2003 to 2004, 1979 to 1987, 1984-1987, 1990 to 99, 2000 to 2004 are not found in this Revenue Oﬃce and also for the records for the year 1979-1996 the records are in torned condition. Hence this information.” Though the request of the petitioner for issuance of the Pahanis were rejected vide above said memos, on instructions, the learned Assistant Government Pleader for Revenue, reported that if one month time is granted to the respondents, they will consider the request of the petitioner and issue the certified copies of the Pahanies to him. Recording the statement of the learned Assistant Government Pleader for Revenue, the writ petition is disposed of directing the respondents to issue the certiﬁed copies of the Pahanies to the petitioner as sought for by him, within a period of one month from the date of receipt of a copy of this order. N.V. RAMANA, J Date: 24.10.2008 va/msv