Sanjapuri Nagaraja v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.10127 OF 2018 Dated:09.04.2018 Between:

Sanjapuri Nagaraju, S/o. Penchalaiah, Aged about 55 years, R/o. Karkambadi Village, Renigunta Mandal, Chittoor 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:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.10127 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.

2.

According to petitioner, land to an extent of Ac.1.00 in Survey Nos.708/3 and 4 of Karakambadi Village, Renigunta Mandal, was assigned to one Karumanchi Yerraiah vide DKT Patta No.18/4/1403, dated 10.09.1993. The original assignee died on 04.05.2005 and his son sold the subject land to petitioner on 02.04.2012 by way of simple sale deed. Petitioner filed O.S.No.133 of 2013 and on reference, Lok Adalat passed award dated 01.07.2013 declaring that the vendor having sold the subject land for a valid consideration has no right or title over the schedule property and that the defendant/vendor has no objection for grant of injunction. While so, the Tahsildar, Renigunta Mandal, cancelled the assignment made to K. Yerraiah vide his proceedings dated 27.12.

2014 on the ground of violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act'). On appeal, the Revenue Divisional Officer, Tirupathi, Chittoor District, by his order dated 30.11.2015 remanded the matter to the Tahsildar for consideration, as to whether petitioner can avail the benefit under Section 3(5) of the Act. Pursuant to the order of remand, the Tahsildar issued notice on 18.02.2017 to conduct enquiry on 25.02.

further progress. Alleging inaction in not regularizing the sale deed in favour of the petitioner, this Writ Petition. 3.

It is not disputed that the matter is pending consideration of the Tahsildar consequent to the order of the Revenue Divisional Officer, dated 30.11.2015.

4.

In view of the same, without expressing any opinion on the merits of the case, the Writ Petition is disposed of directing the Tahsildar, Renigunta Mandal, Chittoor District, to finalize the issue as per the order of the Revenue Divisional Officer, dated 30.11.2015, after affording due opportunity to the petitioner as expeditiously as possible preferably within eight weeks from the date of receipt of copy of this order. There shall be no order as to costs.

Miscellaneous Petitions, if any, filed in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:09.04.2018 KH