Arigela Yesu v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 30011 of 2011 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Assignment. With the consent of both the parties, the main writ petition is heard at the admission stage itself. The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not issuing pattas in favour of the petitioners though they succeeded to the property admeasuring Ac.0.91 cents, Ac.0.90 cents and Ac.0.91 cents respectively situated in Sy.NO.19 of Addanki Village, from their fathers, who were granted patta about 50 years back; the action of the fourth respondent in making attempts to dispossess the petitioners from the said lands and the action of the respondents in not considering their representations dated 17.10.2011 for issuance of pattas, as arbitrary, illegal and un-constitutional and consequently direct the respondents to issue patta in respect of the above said lands and not to dispossess the petitioners from the above said lands.

A counter came to be filed on behalf of the fourth respondent stating that the petitioners are not entitled for any pattas since they have violated the conditions of the patta by alienating part of land which is impermissible under law.

However, he submits that if the representations are still pending the same shall be considered in accordance with law.

Learned counsel for the petitioners submits that the representations dated 17.10.2011 is still pending consideration. Without going into the merits of the case and having regard to the

circumstances stated above, the writ petition is disposed of directing the fourth respondent to consider the representations dated 17.10.2011 made by the petitioners, if the same are pending, and pass orders in accordance with law within a period of twelve (12) weeks from the date of receipt a copy of this order.

No Order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 07.09.2015 gkv