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High Court for State of TelanganaWP/3746/2017disposed of no costs

Katta Eswar Prasad, v. State Of Andhra Pradesh,

2017-02-03A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3746 OF 2017 ORDER:

The case of the petitioners is that petitioners are the owners and possessors of the land admeasuring AC.15.44 cents in Sy.No.454 of Nadimpalem Village, Prattipadu Mandal, Guntur District having inherited the same from their ancestors and the land in the said survey number is called "Katta Vari Cheruvu". While so, in the year 1966, through Award No.47/66, an extent of Ac.0.66 cents was acquired by the Government for laying Nagarjuna Sagar Canal without paying compensation. Aggrieved by the same, the petitioners filed O.S.No.707 of 1966 and the same was decreed in their favour vide order dated 28.0.1969. Against the said order, the District Collector preferred an appeal in A.S.No.113/1969 and the same was dismissed vide judgment and decree dated 18.11.1979.

The petitioners were also issued pattadar passbooks and title deeds in respect of the subject lands. The 4th respondent without verifying the judgment and decree passed by the trial Court and the appellate Court informed the Sub-Registrar that the land in Sy.No.454 of Nandipalem village is a Government land and no documents in respect of the same shall be entertained. As such the petitioners filed representation dated 16.07.2014 requesting the District Collector to delete the subject lands from the list of Government lands. In respect of the same, the Revenue Divisional Officer called for the report from the 4th respondent and the 4th respondent vide letter dated 15.12.2008 submitted a report stating that the land in Sy.No.

Government land. Inspite of the same, the representation of the petitioners filed on 16.07.2014 was not considered and disposed of. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. In view of the above facts and circumstances and in view of the Full Bench Judgment of this Court, the 2nd respondent is directed to consider the representation of the petitioners filed on 16.07.2014 and take action in accordance with law. The said exercise shall be done within period of three (03) months from the date of receipt of copy of this order.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 03.02.2017 dv