S FAKURUDDIN SAB Vs. MANDAL REVENUE OFFICER

JUDGEMENT

(1.) The writ petition is filed for a writ, order or direction one in the nature of Writ of Mandamus, directing the respondent to issue pattadar pass books and title deeds to the petitioners in respect of the lands admeasuring Ac.5.00 in S.No.591-1, Ac.5-04 in S.No.590-2, Ac.5-00 in S.No.590-3 of Polluru village respectively and pass such other suitable orders.

(2.) It is stated that the petitioners filed claim petitions before the respondent requesting for issuance of pattadar pass books and title deeds and in February 1997, an enquiry was conducted in respect of the lands of the petitioners and the petitioners also submitted their photographs which are to be affixed in the pattadar pass books and title deeds. The respondent completed the enquiry and after completion of enquiry, respondent had got to furnish the pattadar pass books and title deeds. But, however, despite repeated representations dated 10-03-1997 and 18-04-1997, no further action had been initiated in this regard. Hence, the writ petition.

(3.) Sri Bhaskara Chary, the learned counsel representing the writ petitioners, submits that inasmuch as the Mandal Revenue Officer, the respondent herein, is duty bound, as per the statutory provisions, to issue the pattadar pass books and title deeds in accordance with the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the Rules framed there-under. The said competent authority, the respondent herein, having conducted an enquiry and having completed the same, is not justified in not delivering the pattadar pass books and title deeds to the writ petitioners. The counsel also would contend that no counter-affidavit had been filed denying the allegations made in the affidavit filed in support of the writ petition and, hence, the allegations made in the affidavit filed in support of the writ petition may have to be taken as admitted and not being controverted.