The petitioner sought a declaration that the government's refusal to issue title deeds and pass books was illegal. The court held that since the petitioner was not in possession of the assigned land, the authorities were not at fault, and the writ petition was dismissed.
Writ petition dismissed; no costs awarded to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.19985 OF 1997
DATED: 13-02-2007
Between:
M. Krishna Murthy .. Petitioner
And
1. The Mandal Revenue Officer, Burgampad Mandal, Burgampad, Khammam District., and
THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.19985 OF 1997
ORDER :
This writ petition is filed seeking a declaration that the alleged action of the respondents in not issuing title deeds and pattedar pass books as per the provisions contemplated under the A.P. Rights in Land and Pattadar Pass Books Act, 1971 to the petitioner to an extent of Ac.1-00 situated in Sy.No.368 at Burgampad Village & Mandal, Khammam District as arbitrary and illegal.
In response to Rule Nisi ordered, the Mandal Revenue Officer, Burgampad Mandal filed a counteraffidavit stating that though the petitioner was assigned an extent of Ac.1-00 in Sy.No.368 vide proceedings dated 2-5-1974, on enquiry it was found that the petitioner was not in possession of the assigned land and as a matter of fact he settled in Bhadrachalam and working as Private Mechanic. Since the assigned land is not in his possession and personal cultivation, the petitioner is not entitled for grant of pass books and title deeds.
Though the said counter-affidavit was served on the petitioner’s counsel long back in December, 2002, no reply affidavit is filed disputing the version of the respondents.
In view of what has been stated in the counteraffidavit which stood unrebutted, it is clear that the petitioner is not in possession of the land assigned to
him. Hence, the respondents cannot be found fault with in not granting the pattedar pass books and title deeds as sought by him.
The Writ Petition is without any substance and the same is accordingly dismissed. No costs.
______________ G. ROHINI, J.
Dt. 13-02-2007 gbs
1 issue framed by the court
Whether the petitioner is entitled to title deeds and pattedar pass books for land assigned to him but left in default of taking possession thereof.
1 provisions across 1 enactments
M. Krishna Murthy
The Mandal Revenue Officer
G. Rohini
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
