Disposed

Kasaram Nagabhushanamma v. the State of Ap

Andhra Pradesh HC4 Feb 2020WP/1689/2020

Case brief

AI extract

What is this about?

The Court allowed a writ petition questioning the 4th Respondent's deletion of the petitioner's name from revenue records (Adangal and 1-B Form) without notice or communication of the order. The Court found the prior procedure non-compliant with Rules 15-17 of the AP Rights in Land and Pattadar Pass Books Rules, 1989. It directed the disposal of a pending rectification application after a proper i

What did the court decide?

The Writ Petition is disposed of; the respondent must dispose of the pending application for rectification (filed dt. 09-01-2020) after conducting the necessary enquiry under Rules 16 and 17 of the Ac

Kasaram Nagabhushanamma Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITON NO.1689 of 2020

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ORDER:

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This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus , questioning the action of the 4^th respondent in deleting the name of petitioner in online adangal and 1-B Form (ROR) in respect of land of an extent of Ac.1.50 cents in Sy.No.9P of Kovuruvarigunta Village, Balayapalli Mandal, and declare the same as illegal and arbitrary, consequently direct the 4^th respondent to restore the name of petitioner in online adangal and 1-B Form (ROR) in respect of the subject land.

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It is the case of petitioner that the petitioner purchased an extent of Ac.2.00 cents in Sy.No.963 of Kovuruvarigunta Village, Balayapalli Mandal, Nellore District on 30-08-1986 and Ac.1.50 cents in Sy.No.9P on 27-03-1987 from one Sanganapalli Venkata Swamy. The petitioner has been in possession and enjoyment of the said land from the date of purchase. The 4^th respondent has issued orders to enter the petitioner’s name in adangal and 1B Form (ROR) as pattadar and enjoyer in respect of S.No.9B and 9P and accordingly entered the name of petitioner in revenue records as pattadar and enjoyer. The petitioner placed on record the adangals dt.09-01-2018, 07-09-2019 and 23-03-2019 to establish that her name was mutated, but later the name of petitioner was deleted without any notice to the petitioner and this is evidenced by Adangal for the year 2019, thereupon the petitioner made dt.09-01-2020 for rectification in 1B Form (ROR) and adangals and it is pending for consideration and no orders have been passed. The inaction of the respondents in rectifying the entries is illegal, arbitrary and requested to issue necessary direction as claimed.

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During hearing, learned counsel for petitioner reiterated the contentions. Whereas learned Assistant Government Pleader for Revenue Placed on record the written instructions received in the writ petition to contend that an enquiry was conducted and proceedings in Rc.B.Spl.,Reg.No.450/2019, dt.07-10-2019 was issued for deletion of such numbers in the name of the petitioner in the adangal and 1-B Form (ROR) and he requested to dismiss the petition.

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As seen from material on record the petitioner’s name was entered in revenue records i.e., adangal and 1-B Form (ROR), but suddenly the name of petitioner was deleted from the adangal and 1-B Form (ROR). Though pattadar pass book and title deeds were issued in favour of this petitioner long back by the Mandal Revenue Officer bearing patta No.7, and continued her name in the revenue records for some time, but suddenly in the month of October, 2019 her name was deleted from the concerned registers. The order referred in the written instructions was passed on 07-10-2019 in Rc.B.Spl.,Reg.No.450/2019. But, communication of this order is not proved and it is not known whether the order referred in the written instructions were served on the petitioner enabling him to file appeal in accordance with the provisions of the Act and no piece of evidence is produced acknowledging the receipt of order passed by this petitioner after passing such order. Therefore, the enactment of Rules 15 and 16 framed in the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989. Rule 15 of the Act deals with Rectification of entries in Record of Rights. Every application for the rectification of an entry in a Record of Rights made under sub-section (3) of Section 3 of the Act shall be to the Mandal Revenue Officer of the Mandal in which the village is situated. Every application made under sub-rule (1) above, shall be accompanied by a certified copy of the entry from the Record of Rights

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which is sought to be rectified and the grounds for such rectification. The Mandal Revenue Officer, may within a period of one year as provided in sub-section (3) of Section 3 of the Act on his own accord initiate proceedings for correction of any mistake in the Record of Rights which he discovers himself or which is reported to him by any other Revenue Officer. As per Rule 16 of the Act on receipt of an application for the rectification under Rule 15, read with sub-section (3) of Section 3 of the Act, within a period of one year from the date of notification of the Record of Rights prepared for the first time or Record of Rights made up-to-date in the village under sub-section (2) of Section 3 of the Act, the Officer referred to in Rule 15 shall hold an enquiry after giving notice thereof to (a) the person making the application; (b) any person referred to in the application as having right or interest or as not having such right or interest in the lands to which the entry relates; (c) any person whose name has been entered in the Record of Rights as having interest in the land; and (d) any other person known or believed to be having an interest in the land to which the entry relates; (2) The notice referred to in sub-rule (1) shall be in Form V. As per Rule 17 of the Act during the enquiry referred to in Rule 16 above, the said Officer shall take into account any written representation received or any oral representation made by any person referred to in Rule 16, or any other persons having interest in the matter and may: (a) summon the attendance of any person for the purpose of examining him; (b) require any person to produce any document; or (c) enter upon, inspect and measure or cause to be measured any land. (2) On the completion of the enquiry referred to in Rule 16, the said Officer shall give his decision on the application for rectification of an entry and direct such rectification of the Record of Rights as may be required in accordance with such decision to be made. The decision shall be intimated to all the persons referred to in sub-rule (1) of Rule 16.

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(3) All applications for the rectification of an entry shall be disposed of by the Mandal Revenue Officer, within a period of 90 days from the date of filing an application.

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But, this procedure is not followed as seen from the written instructions, but passed an order in Rc.B.Spl.,Reg.No.450/2019, dt.07-10-2019 and there is no proof that this order was communicated to this petitioner. In those circumstances, the application filed by this petitioner, dt.09-01-2020 has to be disposed of, in accordance with law after conducting necessary enquiry as contemplated under Rules 16 and 17 of the Act and pass appropriate order in accordance with law.

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With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

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___________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 04-02-2020 IS

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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WRIT PETITION No.1689 of 2020

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Date: 04-02-2020

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Kasaram Nagabhushanamma v. the State of Ap

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Kasaram Nagabhushanamma v. the State of Ap

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