Smt.M.Pravallika, v. The State Of Andhra Pradesh,
HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:
Smt M.Pravalika W/o Adinarayana, Aged about 39 years, R/o Vaddupalli village, Atmakur Mandal, Ananthapuramu District.
.....Petitioner and The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District and others.
.....Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:
According to the petitioner, land to an extent of Ac.3.70 cents in Sy.No.245 of Talupur Village of Atmakur Mandal, Ananthapuramu district is an assigned land. Due to failure of monsoon, the lands remain fallow and as there was no alternate irrigation facility available, they could not carry on cultivation of the lands. Since there is no other alternate means in that village, petitioner's family migrated to Karnataka and in the absence of family of petitioner in the village, patta was granted to the unofficial respondent. As the objection filed by the petitioner is not acted upon by the Mandal Revenue Officer, petitioner filed appeal before the Revenue Divisional Officer.
In the said appeal, Revenue Divisional Officer, while rejecting their plea against assignment to un-official respondent, observed that the Tahsildar may consider the request of the appellant for grant of assignment as per the availability of the assigned waste land as she is landless poor person. Alleging inaction in implementing the order of the Revenue Divisional Officer by the Tahsildar and in spite of representations submitted by the petitioner, this writ petition is filed. 2.
When the matter is taken up for consideration, learned Assistant Government Pleader produced instructions furnished by the Tahsildar, Atmakur, vide letter Rc.B/228/2017, dated 22.08.2017. In the said letter, Tahsildar states that request of the petitioner for grant of assignment of land was forwarded to the Revenue Inspector-I, Atmakur for enquiry and after receipt of
enquiry report from the Revenue Inspector-I, further course of action would be taken by the Tahsildar.
3.
Having regard to these instructions, it cannot be said that there was inaction on the part of respondent authorities to hold that their action is illegal. Since representation filed by the petitioner is pending consideration, writ petition is disposed of, directing the Tahsildar (4th respondent) to examine the validity of the claim made by the petitioner for assignment of Government land vis-à-vis claim of any other similarly situated persons and in accordance with the policy of the Government on assignment of agriculture land and if petitioner is found suitable in the said process after considering the claim of all similarly situated persons, appropriate decision as warranted by law may be taken and communicate the decision thereon to the petitioner. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO kkm
HON'BLE SRI JUSTICE P.NAVEEN RAO kkm