The Court held that the Revenue Department was directed to implement a decree confirming ownership and mutate the record. The grant of pattadar passbooks was stated to be subject to a fresh application under the statutory form.
Petitioner directed to apply for mutation and pattadar passbooks under Form VI-A.
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THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.3427 of 2016
ORDER:
Heard the learned counsel for petitioner and the learned Government Pleader for Revenue (Telangana) appearing for the respondents.
2. Case of the petitioner is that he is the absolute owner and possessor of agricultural lands in Sy.Nos.631, 632, 633, 634, 635 and 636 to a total extent of Ac.20.09 guntas situated at Gokaram Village, Valigonda Mandal, Nalgonda District. He purchased the lands in Sy.Nos.361 to 636 to an extent of Ac.23.09 guntas way back in the year 1970 from one Shyam Rao and others. Even though his vendors received the entire sale consideration, they failed to register the property. Hence, he filed a suit vide O.S.No.233 of 1988 on the file of the District Munsif, Ramannapet against Shyam Rao and others for declaration and permanent injunction, and also for rectification of entries in the revenue records, and the same was decreed on 12.4.1988 declaring the petitioner as owner of the properties in Sy.Nos.631 to 636, restraining the defendants from interfering into the land and also by directing the revenue authorities to rectify the revenue entries. Alleging that the said decree is not implemented by correcting the revenue records, the petitioner approached respondent No.4, who in turn approached respondent No.2 wherein vide letter bearing No.E3/2176/2008, dated 02.04.2008, respondent No.2 directed respondent No.4 to implement the Court decree and mutate his name in the revenue records. Grievance of the petitioner, however, is that in spite of the said direction, the decree is not implemented by the respondents and his name was not mutated in the revenue records and he was not granted pattadar passbooks and title deeds.
3. So far as the decree is concerned, that appears to have obtained finality. Therefore, respondent No.2 rightly directed respondent No.4 to implement the decree. Hence, I do not see any reason as to why respondent No.4 is not implementing the decree. So far as the grant of pattadar passbooks and title deeds is concerned, the petitioner shall apply to that extent under Form VI-A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and if such an application is made, the same shall also be considered by respondent No.4 and appropriate orders shall be passed within forty five (45) days from the date of receipt of such application.
4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
5. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.
______________________________________ JUSTICE VILAS V.AFZULPURKAR Date: 05.02.2016 AMD
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.3427 of 2016
DATE: 05.02.2016
AMD
2 issues framed by the court
Whether the Revenue Department should implement the decree directing mutation of the petitioner's name in revenue records.
Whether the petitioner is entitled to immediate grant of pattadar passbooks and title deeds.
1 provisions across 1 enactments
Petitioner
Revenue Department/Tresenting Authority (Respondent No. 4)
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
