THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22754 OF 2009 DATED 30TH JUNE, 2010 BETWEEN S.Lava Kumar Reddy … Petitioner And The District Collector, Visakhapatnam District, Visakhapatnam. And Others. … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22754 OF 2009 O R D E R The grievance of the petitioner is that the Tahsildar, Bheemunipatnam, passed the impugned proceedings dated 19.09.2009 rejecting his application for issuance of pattadar pass book and title deed under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for brevity, ‘the Act of 1971’) in respect of the land admeasuring Ac.3-00 cents in Sy.No.369 of Kapuluppada Village without affording him of opportunity of hearing. The petitioner applied under the provisions of the Act of 1971 for issuance of title documents claiming that he had acquired title to the subject land by way of a registered gift settlement deed. The donor is said to have acquired title in turn through a registered gift settlement deed executed in her favour by the person who was assigned the said land. The impugned proceedings dated 19.09.2009 reflect that the Tahsildar, Bheemunipatnam, caused enquiry into the matter and found certain factual aspects adverse to the claim put forth by the petitioner. Accordingly, he rejected the request of the petitioner for grant of title documents under the provisions of the Act of 1971. The petitioner complains that he was not given an opportunity to put forth his case and that the said order was passed behind his back. In his counter, the Tahsildar, Bheemunipatnam, did not deny that notice was not issued to the petitioner prior to the passing of the order. Though the said order is appealable under Section 5(5) of the Act of 1971, the admitted violation of the principles of natural justice and the statutory procedure prescribed in Rules 16 and 17 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989, clearly supports the contention of the petitioner that his writ petition is maintainable. In that view of the matter, the impugned order dated 19.09.2009 is set aside and the matter is remitted back to the Tahsildar, Bheemunipatnam, to give due opportunity of hearing to the petitioner in the matter in accordance with Rules and pass reasoned orders thereafter. In the meanwhile, the interim direction granted by this Court on 23.10.2009 with regard to protection of the possession of the petitioner shall continue to operate. The Writ Petition is accordingly disposed of. No costs. -------------------------- SANJAY KUMAR,J 30TH JUNE, 2010 PGS/VGSR