THONTLA MASTHAN REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of Constitution of India seeking to declare the action of the respondent no.4 in not entertaining document for mutation and not issuing title deed-cum-e-passbook despite the petitioner's application no.RMU012005308354 dated 30.9.2020 in respect of the land to an extent of Ac.0.35cents in Sy.No.23/1 situated at Yerragondapalem Village and Mandal, Prakasam District as illegal, arbitrary and consequently direct the respondent no.4 to entertain mutation and to issue title deed-cum-e-passbook in favour of the petitioner.

(2.) The learned Counsel appearing for the petitioner submits that the petitioner was the absolute owner of agricultural land in an extent of Ac.0.35cents in Sy.No.23/1 situated at Yerragondapalem Village, Yerragondapalem Mandal, Prakasam District which was obtained by the petitioner through registered sale deed vide document no.2435 of 2019 on 31.8.2019 from its rightful owner. Thereafter a selfdeclaration was made and modification deed was executed on 17.3.2020 before respondent no.2 office as the schedule was wrongly mentioned and correct schedule was mentioned in the modification deed which was entered in Book-IV by the concerned with specific boundaries as such the sale deed executed in his favour has been corrected by way of amendment. The petitioner made an application for mutation of his name in revenue records under the ROR Act 1971 on 30.9.2020 vide application no.RMU012005308354 in the prescribed proforma. Though the application was made, the 4th respondent did not take any steps in the matter.

(3.) The learned Counsel appearing for the petitioner has mainly contended and brought to the notice of the Court that as per Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Act, 1971 in which section 5 reads as follows: