Dismissed

Imandi Mallaiah v. State of Andhra Pradesh

Telangana HC17 Aug 2017WP/27305/2017

Case brief

AI extract

What is this about?

Petitioners challenged inaction on a revision regarding issuance of pattadar passbooks. The Court held they must first apply under Section 4 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. The Writ Petition was dismissed as Section 9 revision does not cover this grievance.

What did the court decide?

Petitioners directed to apply under Section 4 of the Act for issuance of passbooks and deeds.

Imandi Mallaiah Vs State of Andhra Pradesh — Landlord and Tenant | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No.27305 OF 2017

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Dated:17.08.2017

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Between:

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Imandi Mallaiah, S/o. Late Simhadri, Aged 50 years, Occ: Farmer, R/o. Baligattam Village, Kothavalasa Mandal, Viianagaram District and others

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.. Petitioners

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And

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State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Krishna District and others .. Respondents

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The Court made the following:

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THE HON'BLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION No.27305 OF 2017

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ORDER:

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Petitioners claim that their names are mutated in the revenue records for the lands admeasuring Ac.1.00 in R.S.No.194/Sub Division 1, Ac.1.00 in R.S.No.194/Sub Division 2, Ac.2.00 in R.S.No.194/Sub Division 4, Ac.1.50 cents in R.S.No.194/Sub Divisions 6 & 8, Ac.1.00 in R.S.No.194/Sub Division 7 and Acs.2.50 cents in R.S.No.194/Sub Division 9 of Baligattam Village, Kothavalasa Mandal, Vizianagaram District. According to petitioners, proceedings are issued by the Special Tahsildar on 06.09.1979 whereunder properties mentioned above vested in them. Though the petitioners applied for issuance of pattadar passbooks and title deeds, the same were not issued to them, but they were issued to others. Aggrieved by the inaction, petitioners filed revision before the Joint Collector, Vizianagaram District, the 3^rd respondent. Alleging inaction on the said revision, this Writ Petition is filed.

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The facts on record are not in dispute. Since petitioners have acquired property for the first time, for issuance of pattadar passbooks and title deeds, they must make application under Section 4 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘the Act’) and thereafter pursue further remedies. Without making such application, the petitioners filed revision before the Joint Collector. Scope of invoking revisional jurisdiction would arise only after such power is exercised by the original authority. Thus, as the scope of revision

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as provided under Section 9 of the Act does not cover the present grievance of the petitioners, no direction to dispose of such revision can be granted to them.

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The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies for issuance of pattadar passbooks and title deeds under the Act. There shall be no order as to costs.

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Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

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____________________
P. NAVEEN RAO, J
Date:17.08.2017
KH

Imandi Mallaiah v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Imandi Mallaiah v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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