Muktineni Suryanarayana S/O.Late Sheshaiah v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 36919 OF 2015 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue. With the consent of both the parties, the Writ Petition is disposed of at the admission stage itself.

The present Writ Petition came to be filed seeking to declare the action of the respondents in not considering the request of the petitioners to erect compound wall around their plots situated in Survey No.86 of Gajuwaka Village and Mandal, Visakhapatnam District, as illegal and arbitrary and consequently direct the respondents to permit the petitioners to take steps for protecting their plots by constructing compound walls.

It is the case of the petitioners that in the year 1968, they have approached the Inamdar (Mukhasadar) namely A.V.Bhanoji Rao with a request to grant pattas in their favour in respect of the lands which are in their possession and accordingly said A.V.Bhanoji Rao granted pattas to the petitioners along with other occupants. While things stood thus, the Revenue Authorities invited claims from all the persons, who were inducted by the Inamdar into the Inam Lands prior to 20.06.1975, to file their claims for granting ryotwari pattas before the appropriate authority. Accordingly, the petitioners filed their claims and ryotwari pattas were granted in their favour. All the petitioners claim to be continuously in possession and enjoyment of the plots without any interruption.

In the year 1993, the Mandal Revenue Officer, Gajuwaka filed Inam Appeals under Section 7 (2) of Andhra Pradesh Inam and (Abolition and Conversion into Ryotwari) Act, 1956, against the orders of the Special Deputy Tahsildar (Inams), Visakhapatnam, granting ryotwari pattas in respect of 310 persons. When the Mandal Revenue Officer and Mandal Revenue Inspector made attempts to interfere with the peaceful possession of the similarly placed persons, W.P.Nos.

and this Court granted interim stay of dispossession. While the said writ petitions were pending, the Government came forward with G.O.Ms.No.44, dated 11.01.2008, wherein the plots and dwelling houses in Gajuwaka Mandal were sought to be regularized by collecting market value prevailing in the year 1990 apart from imposing certain conditions. In view of the said G.O. the said writ petitions were disposed of on 22.09.2008 directing the petitioners therein to approach the Officer concerned within a period of eight weeks from that day for regularization of their occupation in terms of G.O.Ms.No.44, dated 11.01.2008. If such applications are received, the competent authority was directed to dispose of the same expeditiously.

It was also held that till disposal of the applications, if made within the stipulated time, without interfering with their possession. Since the petitioners are placed on par with the petitioners in the above writ petitions, they filed writ petitions which were disposed of by this Court with a direction to the respondents to dispose of the applications made by the petitioners in the light of G.O.Ms.No.44, dated 11.01.2008 within a period of eight weeks from that day. It is stated that though the orders were passed in the year 2010, till date the respondents have not taken any action. Thereafter, a Division Bench of this Court was pleased to pass an order in Writ Appeal No.1822 of 2008 permitting the petitioners therein to fence land to an extent of Ac.19.

65 cents, to which patta has been granted to them, by way of raising a compound wall or by fencing the same with a barbed wire or in any other effective manner, subject to condition that the same shall be removed in case of any adverse order being passed by the appellate authority, at a later point of time. It is urged that in view of the orders passed by the Division Bench earlier and since the applications made by the petitioners are still pending consideration before the authority, it would be just and proper to permit the petitioners to protect their lands till disposal of such applications. Learned Government Pleader for Revenue submits, on instructions, that the request of the petitioner and others has been rejected and as such question of granting relief as sought for cannot be accepted.

However, learned counsel for the petitioners submits that no such endorsement is received by them, till date.

Petition is disposed of permitting the petitioners to protect their plots by raising a barbed wire fencing, subject to the condition that the same shall be removed in case of any adverse order being passed against them by the authority before whom the applications are pending consideration. It is made clear that in case if any order is passed and received by the petitioners, they have to work out their remedies in accordance with law. No costs.

Consequently, the Miscellaneous Petitions, if any, pending in this Writ Petition shall also stand closed.

________________________________ JUSTICE C. PRAVEEN KUMAR 13.11.2015 vhb