K SIDDIAH NAIDU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed seeking issuance of a Writ of Certiorari, calling for the records from the respondents in D. Dis. B/762/97, dated 20-10-1998 of the Office of Mandal Revenue Officer, Tirupati (U) and quash the same as violative of Section 8 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and consequently implement the orders of the third respondent vide R. O. C No. B/762/97, dated 21-4-1998 and to make entries of Survey No. 148 /1,148/2a, 153 and 622 admeasuring Ac. 3-07 cents in Tirupati Mandal and issue a new Pattadar Pass Book and Title Deed in place of the Old Pass Book.

(2.) AT the interlocutory stage itself both the Counsel have consented for final adjudication. Hence this Order: The petitioner claims to be the owner and possessor of agricultural land admeasuring Ac. 3-07 cents in Survey Nos. 148/1,148/2-A, 11513 (sic. 153) and 622, situated at Tirupati Urban, Tirupati. He further claims that these lands are purchased under an agreement of sale after paying the sale consideration and he was put in physical possession in pursuance of such agreement of sale. The original vendor of the petitioner, who died subsequently, was one Sri Shankarashana Charya. Earlier, Writ Petition No. ' 5307 of 1997 was filed by the writ petitioner and this Court was pleased to pass orders on 18-3-1997. For convenience sake the said order is extracted hereunder.

(3.) THEREUPON the petitioner placed the entire record before the third respondent-Mandal Revenue Officer for making an enquiry contemplated under the A. P. Record of Rights in Land and Pattadar Pass Books Act, 1971 - hereinafter called the Act. During the course of the said enquiry, the third respondent had also addressed letter dated 21-4-1998 to the Sub Registrar to fix up the value of the property for purpose of registration, on which the Joint Sub-Registrar fixed the Registration and Stamp value at Rs. 23,750/- + Rs. 1,300/ -. When the petitioner offered to deposit the said amount, the Joint Sub-Registrar expressed that he has to get orders from the District Collector. While so, the petitioner received the communication dated 20-10-1998 which is impugned in this writ petition. The communication reads as follows: