Avula Sai Baba v. The State Of Telanganab

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON NO.4331 of 2019 ORDER:

The prayer of the petitioner in this case reads as under; "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a writ, order or direction, particularly one in the nature of writ of mandamus, declaring the action of the respondents in not allotting the physical possession of the land admeasuring Ac.2.50 gts in Sy.No.77 situated at Kannala Village, Bellampalli Mandal, Mancherial District, in relation to the Final Patta Certificate vide Rc.No.B/1264/98 dated 26.11.2001 issued by the then Mandal Revenue Officer, Bellampalli Mandal, Mancherial District and also to declare the action of the respondents in not considering the representations dated 25.05.2018, 24.09.2018 and 28.01.

2019 submitted by the petitioner as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents to hand over the physical possession of the land admeasuring Ac.2.50 gts in Sy.No.77 situated at Kannala Village, Bellampalli Mandal, Mancherial District, in favour of the petitioner and to pass such other order or orders may deem fit and proper in the circumstances of the case".

Perusal of the record reflects that Final Patta Certificate dated 26.11.2001 was issued to the petitioner by the erstwhile Government of Andhra Pradesh through the Mandal Revenue Officer, Bellampalli Mandal, Mancherial District, declaring that the dry land admeasuring Acs.2.50 gts in Sy.No.77 was assigned to him. The complaint of the petitioner presently is that no steps have been taken so far for physically allotting the land to him. The petitioner appears to have made several representations to the revenue authorities, the last of which is dated 21.05.2018 addressed to the District Collector, Mancherial District. Perusal of a copy of the said

SK, J W.P.No.4331 of 2019 representation, placed on record, demonstrates that the Tahsildar, Bellampalli Mandal, was directed to take necessary action thereon immediately by the office of the Collector.

These being the facts, it is not open to the revenue authorities to sleep over the matter. All the more so, when the Patta Certificate was issued to the petitioner as long as back in the year 2001. The Writ Petition is accordingly disposed of directing the District Collector, Mancherial District, the second respondent, to ensure that proper and necessary action is taken upon the petitioner's representation dated 21.05.2018 in the context of the Final Patta Certificate dated 26.11.2001 issued by the erstwhile Government of Andhra Pradesh expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order.

Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________ SANJAY KUMAR, J 1st March, 2019 sj