The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.14978 of 2010 Date: 27-09-2010 Between: Ch.Abbulu Chowdary and 3 others ..... Petitioners AND The State of Andhra Pradesh and 2 others .....Respondents Counsel for the Petitioners: Mr.B.Mahender Reddy Counsel for the respondents: AGP for Revenue Order: This Writ Petition is filed or a Mandamus to declare the action of respondent No.3, in declining to issue the corrected title deeds in respect of land admeasuring Ac.20- 65 cents in part of survey Nos.5, 8, 11 and 15 of Bodlapadu Village, Burja Mandal, Srikakulam District, as illegal and arbitrary. The petitioners sought for setting aside of endorsement, dated 10-06-2010, issued by respondent No.2. The petitioners claim to be the owners of the above- mentioned land and that in recognition of their title, mutation in their favour has taken place in the revenue records and that pattadar pass books and title deeds were also issued by respondent No.3. It is the pleaded case of the petitioners that in the first page of the title deeds, respondent Nos.2 and 3 have not subscribed their signatures and that noticing the same, the petitioners approached respondent No.3 and handed over those title deeds to him for correction of mistake. Though respondent No.3 has subscribed his signature on those title deeds, respondent No.2 has failed to do so and for that purpose, the petitioners again surrendered the title deeds before respondent No.3. At that stage, respondent No.3 has struck off his signature as well on those title deeds and handed over the same to the petitioners. When the petitioners have approached the Lok Adalat, the proceedings initiated for settlement of the disputed issue were closed, as respondent No.2 was not willing to settle the same. Petitioner No.1 thereafter filed a representation to respondent No.2, who issued the impugned endorsement, directing the petitioners to hand over an extent of Ac.7-21 cents out of the entire extent of the above-mentioned land, as the same was found to be assigned land. At the hearing, Sri B.Mahender Reddy, learned Counsel for the petitioners, submitted that the reason assigned by respondent No.2 in the impugned endorsement, that Ac.7-21 cents out of the total extent of Ac.20-65 cents is assigned land and that therefore, unless the said land is surrendered, pattadar passbooks and title deeds will not be issued for the remaining land, cannot be sustained. The learned Counsel further submitted that so far no proceedings under Act 9 of 1977 have been initiated and that so long as the said proceedings are initiated and appropriate order is passed thereon, it is not permissible for respondent Nos.2 and 3 to refuse to issue the corrected pattadar passbooks and title deeds in respect of the lands in question to the petitioners. No counter-affidavit is filed on behalf of the respondents. The learned Assistant Government Pleader for Revenue representing the respondents, on instructions, submitted that as the extent of Ac.7-21 cents is classified as Gayalu in Form 1-B register, respondent No.2 refused to countersign the title deeds and as such, respondent No.3 has struck off the signature, earlier subscribed by him. In my opinion, so long as the pattadar passbooks and title deeds, issued in favour of the petitioners, are not cancelled by initiating appropriate proceedings, respondent Nos.2 and 3 cannot refuse their request for issuance of the corrected pattadar passbooks and title deeds. While the impugned endorsement was made on the premise that an extent of Ac.7-21 cents out of Ac.20-65 cents is an assigned land, the instructions reported by the learned Assistant Government Pleader, at the hearing, convey a different reason, which is in conflict with the same. If the respondents felt that the above-mentioned Ac.7-21 cents is an assigned land and that the petitioners have purchased the same in violation of the provisions of Act 9 of 1977, they are free to initiate appropriate proceedings. Similarly, if the respondents felt that the said land is a Government land, they have to declare so after following the due procedure of giving notice to the petitioners. The respondents have not followed either of these procedures. In my opinion, so long as the pattadar passbooks and title deeds issued in respect of the land in question, in favour of the petitioners, are in force and no proceedings have been initiated either to cancel the same or resume the said land, the petitioners cannot be denied proper record. In this view of the matter, the Writ Petition is allowed and the impugned endorsement is set aside. Respondent Nos.2 and 3 are directed to issue proper title deeds in respect of the lands in question in favour of the petitioners. This order, however, does not preclude the respondents from initiating appropriate proceedings in accordance with law. As a sequel, WPMP.No.18876 of 2010, filed by the petitioners for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 27th September, 2010 lur