Kodiboina Yerraiah, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.30569 of 2015 ORDER:

Heard.

The petitioners seek deletion of their land admeasuring Ac.7-00 cents in R.S.No.314 situated at Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District, from the Notification issued under Section 22-A of the Registration Act. The petitioners are stated to have been granted ryotwari patta in respect of the said land, pursuant to the order of the Chief Commissioner of Land Administration, Hyderabad in Proceedings No.P1/979/2012, dated 20-03-2015.

Learned counsel for the petitioners states that the said order has attained finality. The petitioners, therefore, state that since ryotwari patta is granted to them, pursuant to the aforesaid order, the land in question cannot form part of Section 22-A Notification issued by the Government. Though the learned counsel for the petitioners has filed opinions of respondents 4 and 5 addressing to the 2nd respondent as well as the opinion given by the learned Government Pleader to the 5th respondent, which is produced as Ex.P-3, when this court objected to such opinions being filed by the petitioners, learned counsel for the petitioners fairly stated that the petitioners will not press Ex.P-3.

The rest of the proceedings of respondents 4 and 5 addressed to the 2nd respondent are only with reference to the aforesaid proceedings of the Commissioner and for taking appropriate action in accordance with law. However, no application is filed by the petitioners seeking deletion of the land in question from the Notification issued under Section 22-A of the Registration Act. Hence, without making any such application, the relief sought for by the petitioners cannot be granted. However, the petitioners are at liberty to make appropriate application before the 2nd respondent seeking deletion of their land, for which ryotwari patta is granted to them.

consider the same in accordance with law and pass appropriate orders expeditiously.

Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________ VILAS V.AFZULPURKAR, J Date: 18-09-2015 Prv