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High Court for State of TelanganaWP/26577/2016disposed of no costs

Kala Chakrapani, v. State Of Andhra Pradesh,

2016-08-11Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 26577 OF 2016 ORDER:

Heard.

2. The case of the petitioner is that he is the absolute owner, possessor and enjoyer of agricultural landed property admeasuring Ac.4-00 cents in Survey No.262/3 situated in Shakarajupalli Revenue Village in Sidhout Mandal of YSR District having purchased the same through auction held as per the orders in E.P.No.4321 of 1993-94. Since then the petitioner is in possession and enjoyment of the said landed property. While so, petitioner submitted an application under Form VI-A of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, "the Act") to the fourth respondent for granting pattadar passbook and title deed in respect of the aforesaid property. The fourth respondent issued endorsement dated 12.01.

2011 rejecting the application of the petitioner for grant of pattadar passbook and title deed without conducting any enquiry and examining the records as contemplated under the provisions of the Act. Questioning the impugned endorsement the petitioner filed appeal before the third respondent with the same request for grant of pattadar passbook and title deed. The third respondent also without conducting any enquiry rejected the request of the petitioner vide endorsement dated 22.08.2011 in Reference No.E/1454/2011. Aggrieved by the order of the third respondent, petitioner filed revision along with stay petition before the Joint Collector-second respondent under Section 9 of the Act on 07.03.2016.

Since neither the appeal nor the stay petition is considered by the second respondent, petitioner has approached this Court by this writ petition.

3. Since the appeal filed by the petitioner is pending consideration before the second respondent, I deem it appropriate to dispose of the writ petition directing the second respondent to consider either the appeal or atleast the stay petition filed by the petitioner and pass appropriate orders thereon, in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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

_________________________________________ JUSTICE CHALLA KODANDA RAM August 11, 2016 LMV