Pindi Munaswamy v. The State Of Andhra Pradesh, Rep By Its Principal

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION Nos. 43282 & 43310 of 2016 COMMON ORDER:

Heard learned counsel for the petitioners, learned counsel for respondent No.5 and learned Government Pleader for Revenue.

2.

With the consent of both the parties, the Writ Petitions are disposed of at the admission stage.

3.

The Writ Petitions came to be filed with the following prayer:

'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ or order or direction more particularly one in the nature of writ of Certiorari calling for records relating to orders in D.Dis.Nos.G/3647/2016, dated 03.10.2016 and G/4639/2015 dated 14.03.2016 passed by RDO, Chittoor and consequently set aside the same'.

4.

It is to be noted that pursuant to the orders passed in W.P.No.7466 of 2015, the Tahsildar conducted enquiry on the complaint given by the petitioners and thereafter he submitted a report to the Revenue Divisional Officer. Basing on the report submitted by the Tahsildar, the RDO issued the impugned proceedings, directing the Tahsildar to restore the entries made in the ROR IB and PPB and TD issued in the

name of the petitioners for the lands admeasuring Ac.1.75 cents in Survey No.68/2 and Ac 0.14 cents in Survey No.97/7 of Puttur Village, Puttur Mandal. Challenging the said orders, the present writ petition came to be filed.

5.

Learned counsel for the petitioners submits that the RDO made preliminary enquiry without the knowledge of the petitioners and W.P.No.11100 of 2016 was filed only to harass the petitioners.

6.

Learned counsel for respondent No.5 submits that the Tahsildar conducted an enquiry pursuant to the directions of this Court and submitted a report to the RDO. It is his case that the petitioner ought to have availed remedy available under law by approaching the Joint Collector.

7.

Having regard to the above submissions, without going into merits and demerits of the case, insofar as interim orders are concerned, status-quo, as on today to be maintained with regard to possession and entries made in revenue records for a period of four weeks, during which time, the petitioners shall prefer a revision along with stay application before the Joint Collector and obtain necessary orders. The Joint Collector shall consider and deal with the same, in accordance with law, within a period of six weeks therefrom, keeping in view the observations made in W.P.No.7466 of 2015, if any.

8.

With the above direction, the writ petitions are disposed of.

9.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _______________________________ JUSTICE C.PRAVEEN KUMAR 14.12.2016, Note:

Issue CC in three days.

B/o.

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