Petitioners filed a writ petition under Article 226 seeking directions to issue them pattadar passbooks for their share in land, claiming inaction by the authorities. The court sought clarification on affected parties.
Directed the respondent to take necessary action on the petitioners' application within two months.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2799 of 2009
Between:
1 Pipula Krishna S/o. Late Lakshmaih, R/o. Pet-Basheerbagh Village, Quathubullapur Mandal, Ranga Reddy District. 2 Pipula Purushotham, S/o. Late Lakshmaih, R/o. Pet-Basheerbagh Village, Quathubullapur Mandal, Ranga Reddy District. 3 Pipula Narsingrao, S/o. Late Lakshmaih, R/o. Pet-Basheerbagh Village, Quathubullapur Mandal, Ranga Reddy District. 4 Pipula Ramesh, S/o. Late Lakshmaih, R/o. Pet-Basheerbagh Village, Quathubullapur Mandal, Ranga Reddy District. 5 Pipula Ashok, S/o. Lakshmiah, R/o. Pet-Basheerbagh Village, Quathubullapur Mandal, Ranga Reddy District. 6 Pipula Shankaramma, W/o. P.Naga Bhushanam, R/o. Pet-Basheerbagh Village, Quathubullapur Mandal, Ranga Reddy District.
..... PETITIONERS
AND
The Deputy Collector and Tahsildar, Quthubullapur Mandal, Ranga Reddy district.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not disposing representation dated 18-12-2008 for issuacne of pattadar passbooks to the petitioners family members by giving equal shares as illegal, arbitrary and issue a consequential direction, directing the respondents to dispose of the representation dated 18-122008 and pass
Counsel for the Petitioners :MR.G.ALLABAKASH
Counsel for the Respondent: GP FOR REVENUE
The Court made the following :
ORDER:
The petitioners submitted an application, dated 18.12.2008, before the respondent, with a request to issue pattadar pass books, in respect of the land in Survey Nos.33/1/A1, 33/7/A of Jeedimetla Village, Qutubullapur Mandal, Ranga Reddy District. They have narrated the sequence of events in respect of enjoyment of the land in those survey numbers. Their grievance is that, no action has been taken thereon.
Heard learned counsel for the petitioners and learned Government Pleader for Revenue.
The petitioners have mentioned that the pattadar pass books were issued on 11.04.2005, in respect of some of the members of the family. The application made by the petitioners is in relation to the share of one Mr.Nagabhushnam and the mother of petitioners 1 to 5, by name Sharadhamma. The question as to whether the request of the petitioners can be accepted or not, needs to be verified by ascertaining the views of the affected parties. In case pattadar pass books can be issued to the petitioners, necessary steps need to be taken, in this regard. On the other hand, if there is any impediment in acceding to the request of the petitioners, the reasons have to be communicated to them.
Hence, the Writ Petition is disposed of, directing the respondent to take necessary action on the application of the petitioners, within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.
________________________ L. NARASIMHA REDDY, J. Dt.13.02.2009. GJ
2 issues framed by the court
Whether the respondent must act on a representation for issuing pattadar passbooks to family members seeking equal shares.
What reliefs to grant regarding the delay in disposing of the petitioners' representation.
Pipula Krishna and others
Deputy Collector and Tahsildar, Quthubullapur Mandal
L.Narasimha Reddy
As recorded by the court registry
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