Viyyapu Maheswari, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 22732 of 2017 Order:

Heard learned counsel for the petitioners and learned Government Pleader for the respondents.

The petitioners claim that the land of an extent of Ac.7-40 cents originally belongs to the third petitioner's father and it was partitioned among the four sons by keeping Ac.0.80 cents with him. Each son got Ac.1-60 cents. When they came to know that one M. Bullibbai @ Appa Rao secured pattadar passbooks and title deeds in favour of his family members in collusion with the revenue authorities, the first petitioner approached the third respondent by way of representation and after enquiry the third respondent directed the fourth respondent to cancel the pattadar passbooks and title deeds which were issued in the name of M. Govind, A. Ramanamma and M. Appalakonda. Thereafter, the fourth respondent cancelled the same.

In pursuance of the same, the petitioners submitted an application before the fourth respondent for mutation of the name of M. Thathabbai and for issuance of pattadar passbooks and title deeds. Their request was rejected by an endorsement dated 09.12.2016 stating that the petitioners are not in possession of the land and a civil case is pending before the Civil Court. Challenging the same, the petitioners state that an appeal was preferred under Section 5(5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 before the third respondent on 09.01.2017 and even after six months the said appeal is not disposed of. In those circumstances, they filed the present Writ Petition.

Since the grievance of the petitioners relates to disposal of the appeal, this Court is not inclined to keep the Writ Petition pending, but disposes of the Writ Petition by directing the third respondent to consider the appeal preferred by the petitioners on 09.01.2017, after giving notice to the petitioners as well as to the affected parties, and dispose of the same in accordance with law within a period of three (3) months from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions pending in this Writ Petition, if any, shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 11.07.2017 Nsr