Writ petition seeking pattadar passbooks based on a preliminary decree was dismissed as premature. Court permitted petitioner to apply under Form 6-A after filing for a final decree.
Petitioner permitted to make appropriate application under Form 6-A after rights declared by metes and bounds in final decree.
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.
HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No.41946 of 2015
ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.
Based on a preliminary decree passed by the learned Senior Civil Judge, Peddapuram, East Godavari District, in O.S.No.26 of 2005, dated 15-03-2015, the petitioner made an application before the 4th respondent on 14-12-2015 for grant of pattadar passbooks and title deeds. The claim in that application refers to different extents of lands in various survey numbers situated at Narendrapatnam Village, Jaggampeta Mandal, East Godavari District, on the basis of the preliminary decree in the suit referred to above. Alleging inaction on the part of the 4th respondent, the present writ petition is filed.
Learned Government Pleader has received instructions, which state that the petitioner’s application is on a white paper and since it is not in the proforma prescribed under Form 6-A of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and the Rules made therein, the petitioner’s application could not be considered. However, if the petitioner makes an appropriate application under the aforesaid Act, as per his eligibility the enquiry will be conducted and the application would be considered.
It is also noticed that the claim of the petitioner as on today is based on a preliminary decree said to have been passed in his favour, as mentioned above.
Since preliminary decree merely declares entitlement to the share of the parties, the petitioner, who is the plaintiff in the said suit, must therefore apply for a final decree and only thereafter, it can be said that there is a partition by metes and bounds. A preliminary decree as such being not a decree allotting a particular extent to the petitioner in the schedule lands, in my view, at this stage, the petitioner’s application for grant of pattadar passbooks is even otherwise premature.
Learned counsel for the petitioner states that appropriate application for final decree will be filed shortly.
In view of that, the writ petition is disposed of permitting the petitioner to make appropriate application under Form 6-A, after his rights are declared by metes and bounds in the final decree, by approaching the 4th respondent and on receipt of such application, the 4th respondent shall consider the same and pass appropriate orders within the time fixed under the aforesaid Act. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V.AFZULPURKAR, J
Date: 28-12-2015 Note: Issue C.C. in three days (B/o) Prv
HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No.41946 of 2015
28-12-2015
Prv
1 issue framed by the court
Whether an application for grant of pattadar passbooks in the absence of a final decree declaring rights by metes and bounds is premature?
1 provisions across 1 enactments
Petitioner
Government Pleader for Revenue
4th Respondent
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
