IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:25075 of 2008 Between: P.B.A. Perindevi Tayaru, W/o. Late P.B.A. Govinda Rajamacharyulu, R/o. B-1/6, IInd Floor, Hauz Khas, New Delhi - 110 016. ..... PETITIONER AND The Mandal Revenue Officer, L. Kota Mandal, Vizianagaram District. .....RESPONDENT Counsel for the Petitioner:MRS.VIJAYA SAGI Counsel for the Respondent:AGP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled for a writ of mandamus to direct the respondent to dispose of application, dated 26.10.2007 ﬁled by the petitioner for issuance of pattadar passbook. In her aﬃdavit, the petitioner stated that she purchased certain properties by registered sale deed, dated 28.08.1958 from Sri Paravastu China Govindacharyulu; that in respect of the land in Survey No.82, her father, by name, Gopalakrishnama Charyulu, and his two brothers were the owners and her father had 1/3rd share in the land admeasuring Acs.111.45 cents and that her father died intestate leaving behind her and her brother Sri K.A.Krishnamacharyulu as his legal heirs. The petitioner claimed that she and her brother inherited the land equivalent to the land of an extent of Acs.18.50 cents each approximately, apart from Acs.6.00 of land out of the share of the property left by Sri Govinda Charyulu and Sri Simhadri Appalacharyulu. In view of internal disputes among the petitioner and her co- sharers, she ﬁled O.S.No.61 of 2007 for partition and the same is pending in the Court of Additional District Judge, Vizianagaram. The grievance of the petitioner is that though she made an application on 26.10.2007 for issuance of pattadar passbook in respect of Acs.6.27 cents of land in Survey No.82, which was purchased by her under a registered sale deed on 28.08.1958, the respondent has not disposed of the same so far. I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. Under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’), whenever an application is made for issuance of pattadar passbook, the Tahsildar is obliged to hold an enquiry and issue the same under Section 6A of the said Act. If the petitioner made such an application, it is not proper for the respondent not to pass appropriate order either for issuance of pattadar passbook or for refusal of the same. In the latter event, he shall pass an order by recording reasons and if the petitioner is aggrieved by such an order, she is entitled to ﬁle an appeal under Section 5(5) of the Act. Failure of the respondent in passing appropriate order on the petitioner’s purported application for issuance of pattadar passbook is contrary to the scheme underlying the Act. In this view of the matter, the writ petition is disposed of with the direction to the respondent to consider the application of the petitioner said to have been submitted to him for issuance of pattadar passbook, within a period of four (4) weeks from the date of receipt of a copy of this order. As a sequel to disposal of main petition, WPMP.No.32727 of 2008 ﬁled by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 15th NOVEMBER, 2008. kvni