Andhra Pradesh High Court - Amravati
G V V Satyanarayana vs The State Of Andhra Pradesh on 18 February, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.3694 of 2020
ORDER:
This petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus, questioning the inaction of 2nd respondent in considering the representation, dt.18-07-2019 in the light of the orders passed by the Government vide Memo No.Rev-21021/92/2017-ASSG.II, dated 01-05-2018 and the consequential Memo No.21021/92/2017-ASSG.II, dt.31-10-2018, and declare the same as arbitrary, illegal and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the 2nd respondent to consider the representation dt.18-07-2019 and take appropriate steps forthwith directing the 3rd respondent to mutate the name of the petitioner in the Web land portal and issue e-pass books.
The petitioner's father by name Gorle Thammiraju obtained patta under Ex-service men quota for the land to an extent of Ac.4.93 cents from the Government in Sy.No.134/1 of Paradesipalem Village, Visakhapatnam Rural Mandal, vide R.No.116/71, dt.23-06-1970, his name is entered in revenue records and issued pattadar pass book and title deed in his favour. When the respondents included the said land in prohibitory list under Section 22-A of the Registration Act and when they are trying to form a road through the land assigned to petitioner's father, the petitioner's father filed W.P.No.15332 of 2007 on the file of erstwhile High Court of Andhra Pradesh, the High Court was pleased to dispose of the writ petition with a direction to consider the recommendation of the District Collector, Visakhapatnam in 2 Rc.No.3522/2010/E1, dt.16-01-2011. The 1st respondent deleted the said land from the prohibitory list under Section 22-A of the Registration Act on 01-05-2018. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Vijayawada directed the District Registrar to comply G.O.Ms.No.209, dt.14-06-2017 vide Memo No.G1/3452/2018, dt.24-05-2018.
While the matter stood thus, the District Collector, Visakhapatnam, the 2nd respondent herein filed a petition before the 1st respondent to review the orders, dt.01-05-2018. In turn, the 1st respondent by an order vide Memo No.REV-21021/92/2017- ASSG.II-1, dt.31-10-2018 dismissed, while directing once again the Commissioner and Inspector General of Registration and Stamps to delete the land under Section 22-A of the Registration Act, but no action has been taken on the direction. Thereafter, the petitioner made a representation, dt.18-07-2019 to mutate his name in Web land data and to issue e-pass book. So far, no action was taken. Therefore, the inaction of respondents in keeping his representation, dt.18-07-2019 pending for consideration is questioned, since, the respondents being public officers failed to discharge their duties and requested to issue appropriate direction.
During hearing, learned counsel for petitioner reiterated the contentions urged in the writ petition, whereas learned Assistant Government Pleader for Revenue readily expressed readiness of the respondents to dispose of the representation, dt.18-07-2019 submitted by the petitioner and requested to pass appropriate order.
3
It is the case of petitioner that his father was an Ex-service man, he obtained D-Form patta for an extent of Ac.4.93 cents of government land in Sy.No.134/1 of Paradesipalem in the year 1971 and his name was mutated, later the said land was entered into the prohibitory list under Section 22-A of the Registration Act, but it was ordered to be deleted and accordingly the 1st respondent deleted the land from the prohibitory list on 01-05-2018. But, again the matter was carried in review by the 2nd respondent which was ended in dismissal.
The petitioner admittedly submitted a representation on 18-07-2019 for mutation of his name in revenue records under A.P. Records of Rights and Pattadar Pass Books Act, 1971, but no action was taken. As per G.O.Ms.No.209, dt.14-06-2017, the petitioner is required to submit his application through online to the Tahsildar. It is the contention of petitioner that the application was submitted to the 3rd respondent in view of the order passed by the Government vide Memo No.21021/92/2017-ASSG.II-1, dt.31-10-2018 in Memo Rev-21021/92/2017-ASSG.II, dated 01-05-2018, which is the subject matter of the review by order dt.12-12-2018 and the order was passed by the Government was confirmed even in the review application also. But, no action was taken by the District Collector to mutate the name of the petitioner in revenue records.
In any view of the matter, the Tahsildar is competent authority to mutate the name of the petitioner when the land was deleted from the prohibitory list under Section 22-A of the Registration Act and the petitioner is required to submit his application in accordance with G.O.Ms.No.209, dt.14-06-2007. 4 But, no such application was submitted, but questioned the inaction of respondents to pass order on his representation. Since, the 2nd respondent is not competent person to take action for mutation of the names in revenue records, the petitioner at best, is required to submit his application as per G.O.Ms.No.209, dt.14-06-2007. Hence, the inaction of 2nd respondent cannot be declared as illegal and arbitrary, giving liberty to the petitioner to submit his application in terms of G.O.Ms.No.209, dt.14-06-2017 i.e., through online Mee-seva portal, after complying necessary requirements and on submitting such application, the Tahsildar is directed to pass appropriate order, within a month, from the date of submission of such application.
With the above direction, the writ petition is disposed of, at the state of admission, with the consent of both the counsel. There shall be no order as to costs.
Consequently, miscellaneous petitions, pending, if any, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 18-02-2020 IS 5 THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.3694 of 2020 Date: 18-02-2020 IS