SAKE SIVASANKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 4th respondent in marking as 'digitally unsigned' with Red Colour on the copies of Adangal as well as 1-B, Record of Rights in respect of the property admeasuring an extent of Ac. 2.50 cents and Ac. 2.50 cents in respect of both the petitioners situated in Sy. No. 314-1 of Kurukunta Village in Ananthapuram Mandal and District without issuing any notice and without passing any order and without having any authority of law as illegal and consequently to direct the 4th respondent to record copies of Adangal Pahanies and 1-B for the subject land as digitally signed, by deleting the Red Colour marking.

(2.) Heard both the counsel appearing for the petitioners and the learned Government Pleader appearing for the respondents.

(3.) Learned counsel for the petitioners submitted that in view of Rule 9(1)(c)(ii) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989, in respect of cases falling under Rule 9(1)(c)(i), the Mandal Revenue Officer shall hold a summary enquiry as to who has the right to succeed to the property of the deceased registered holder, according to the principles of the Law of Succession which govern the case and give notice to all persons known or believed to be interested to the effect that the registry will be made in the name of the person found to be entitled, unless a declaration is filed, within three months from the date of the notice, by any person objecting to the registry, stating that he has instituted a suit in a Civil Court to establish his superior title and an authenticated copy of the plaint in the suit is produced. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If a declaration is filed, the result of the suit should be awaited before taking further action.