A RANI Vs. JOINT COLLECTOR CHITTOOR

JUDGEMENT

(1.) The petitioner is the daughter of one Sri K. Munirathnam Reddy. According to her, Munirathnam Reddy executed a Will, dated 9.4.1995, bequeathing about Acs.7.00 of land in various survey numbers of Kothapalli Village, Chittoor District. After the death of her father on 2.9.1995, the petitioner filed an application before the Mandal Revenue Officer, Irala, the third respondent herein, under Section 6-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'). The petitioner was issued a pattadar pass book in respect of the lands covered by the Will. Her mother, the fourth respondent herein, submitted a representation before the Revenue Divisional Officer, the second respondent, aggrieved by the issuance of pattadar pass book in favour of the petitioner. The second respondent passed an order, dated 23.11.1996, setting aside the pattadar pass book issued in favour of the petitioner. Thereupon, the petitioner filed a revision before the Joint Collector, Chittoor, the first respondent, under Section 9 of the Act. The revision was rejected on 2.2.1998. Hence, this writ petition.

(2.) Sri K. S. Gopalakrishnan, the learned Counsel for the petitioner submits that the second respondent proceeded on wrong assumption of fact and improper understanding of law. He contends that the second respondent was impressed mainly by the fact that the Will was not registered and when it is not required to be registered in law, the very basis disappears. The learned Counsel further submits that the first respondent did not appreciate the matter from the proper perspective.

(3.) The learned Government Pleader for Revenue, on the other hand, submits that it is only a person, who is recorded as pattadar, owner or tenant in the revenue records, that can make an application under Section 6-A of the Act and the very process initiated by the petitioner was contrary to the Act.