The court dismissed a writ petition seeking a mandamus to declare the tahsildar's refusal to issue specific adangals illegal. It held that adangals do not form part of the Record of Rights under the relevant Act and Rules, so no statutory right to issue them via mandamus existed.
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 SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 35224 of 2014
O R D E R:
The petitioners herein sought for a writ of mandamus for declaring the action of the 3rd respondent, the Tahsildar, Pittalavanipalem Mandal, Guntur District, in refusing to issue the Adangals in respect of Ac.1.08 cents, Ac.0.56 cents, Ac.1.65 cents, Ac.3.60 cents, Acs.2.73 ½ cents, Ac.1-00, Acs.2.00, Ac.0.70 cents, Acs.4.50 cents and Ac.1.00 in Survey No. 226 and Ac.1.00 in Survey No. 228 respectively of Sangupalem, Koduru Post, Pittalavanipalem Mandal, Guntur District, pursuant to the information furnished by the 5th respondent, as illegal.
Heard Sri T. Ramesh, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue (Andhra Pradesh) on behalf of the respondents.
Sri Ramesh, learned counsel would contend that the petitioners herein have applied through mee seva center for securing the copies of the Adangals, but however, the Tahsildar has declined to furnish the same.
The State Legislature enacted the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 by consolidating and amending the law relating to rights in land and pattadar pass books in the State. The expression ‘record of rights’ is defined in Section 2(9) as meaning; records prepared and maintained under the provisions, or for the purposes of this Act. Section 3 imposed an obligation to prepare and bring update from time to time the revenue record by the Recording Authority. For the purpose of giving effect to the provisions of the Act, the Andhra Pradesh Rights in Land and Pattadar Pass
Books Rules, 1989 have also been framed. Sri Ramesh, learned counsel for the petitioners would place reliance upon Rule 24 of these Rules and would submit that in the Adangals applied for which forms part of the record of rights in land by the Revenue Department, are required to be furnished.
Rule 24 talks of the custody and inspection of the record of rights. It sets out that the record of rights in Forms-I and IB shall be prepared in triplicate and that they shall be open for inspection of the public free of charge during office hours on all working days. Form-I and Form-IB have also been prescribed in these Rules. Form-I clearly refers to Rules 3 and 9. Rule 3 of these Rules has set out that the Record of Rights shall be prepared and maintained in Form-I for every separate revenue village. A note was appended to the said Rule through the orders contained in G.O.Ms.No. 36, Revenue Department, dated 15.01.1994 and the note clearly sets out that Pahani/Adangal does not constitute the record of rights for the village. It merely reflects the ground position including the name of the cultivator, who actually cultivates the land and whether the person in occupation of the land has violated any law and if so, the details of the same. In view of the note appended to Rule 3 with effect from 15.01.1994, it emerges that a Pahani or an Adangal does not form part of the record of rights to be maintained in Form-I. When we turn our attention to Rule 9, it only prescribed as to how the Recording Authority shall deal with the claims received by him. Form-IB talks of Rule 14, which specifies that as soon as the preparation of the record of rights or its updating is accomplished, the said information is required to be published either in the Andhra Pradesh Gazette or the District Gazette in Form IV. Thereafter, the Recording Authority is required to hold a Gram Sabha at which the confirmed Record of Rights shall be read out for the information of those present. Therefore, in view of the contents of the
Rules, specifying that the Adangals and the Pahanis do not form part of the Record of Rights, the Application said to have been submitted by the petitioners, perhaps, may not have been complied with by the Tahsildar justifiably.
In this view of the matter and when the petitioners’ right is not backed by any statutory provision, as demonstrated either in the pleadings set up or at the Bar, the writ of mandamus, as prayed for, could not have been issued.
For this reason alone, the Writ Petition fails and it is accordingly dismissed. No costs.
Consequently, the miscellaneous applications, if any shall also stand dismissed.
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NOOTY RAMAMOHANA RAO, J
20th November 2014 ksld
2 issues framed by the court
whether the writ of mandamus could be issued directing the tahsildar to issue adangals refusing to be part of the record of rights
whether the petitioners' right to obtain copies of adangals is backed by any statutory provision under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and Rules, 1989
petitioners
tahsildar
nooty ramamohana rao
As recorded by the court registry
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