Bathula Venkayamma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO WRI T PETI TI ON NO.2222 OF 2018 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 to 4. None appeared for the 5th respondent in spite of service of notice on him.

2.

It is the case of the petitioner that originally, his fatherin-law was recorded as Pattadar in the revenue records in respect of the land of an extent of Ac.2.74 cents in Sy.No.933/5 situated at Pulipadu Village, Gurajala Mandal, Guntur District. After the death of her father-in-law, her husband succeeded to the property and he died on 18.6.1965. Thereafter, the petitioner continued to be in possession of the land. She submitted an application before the Tahsildar, Gurajala Mandal, 4th respondent seeking issuance of pattadar pass books and title deeds. An enquiry was conducted by the Village Revenue Officer and Mandal Revenue Inspector and they informed that pattadar passbooks and title deeds were issued in favour of the 5th respondent in respect of the land claimed by the petitioner. In those circumstances, she submitted an application before the respondents on 9.7.2011 and the 4th respondent conducted enquiry into the matter and submitted a report to the 3rd

respondent on 18.4.2013 recommending for cancellation of pattadar passbooks and title deeds issued in respect of the 5th respondent. When no action was taken by the 3rd respondent, she submitted a written representation to the 2nd respondent on 31.10.2017 and the 2nd respondent forwarded the same on 14.11.2017 to take necessary action. In spite of the same, as no action was taken by the respondents, the present Writ Petition is filed.

3.

This Court, by order dated 29.1.2018 , while issuing notice before admission, posted the case after four weeks and even after expiry of four weeks, no counter affidavit is filed by the 3rd respondent.

4.

In the circumstances, the 3rd respondent is directed to take further action pursuant to the report submitted by the 4th respondent in Rc.No.36/2012-C dated 18.4.2013 by giving appropriate notice to the 5th respondent, within a period of three months from the date of receipt of a copy of this order. 5.

The Writ Petition is accordingly, allowed.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

________________________ A. RAMALI NGESWARA RAO,J Date: 26.2.2018 KPM