M. Thippanna v. State Of Ap

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Dated:25.04.2018 Between:

M.Thippanna, S/o. Sunkanna, Aged about 50 years, Occ: Agriculture, R/o. Raketla Village, Uravakonda Mandal, Ananthapuramu District, Andhra Pradesh State and another.

... Petitioners And State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, State Secretariat at Velagapudi, Guntur District and others.

... Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

The grievance of the petitioners is that their names were deleted in the revenue records and incorporated the names of unofficial respondents. According to the petitioners, said change in the revenue records was made without notice and opportunity to the petitioners. Aggrieved by the said deletion, petitioners filed W.P.No.2918 of 2018. This Court declined to entertain the writ petition, as petitioners have an alternative remedy under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and the same was disposed of granting liberty to the petitioner to avail the said remedy. Pursuant to the decision of this Court, petitioners claim to have submitted the representation. Alleging inaction on the said representation, this writ petition is filed. 2.

Photocopy of the Telugu version of the representation is enclosed to the writ petition paper book as Ex.B1 at page No.14. The said representation does not contain the date of submission. There is no proof of filing of the representation. In the absence of filing proof of representation, it cannot be said that the Tahsildar erred in not examining the claim of the petitioners and on that ground no Mandamus can be issued as sought for.

3.

At this stage, learned counsel for the petitioners seeks leave of the Court to submit fresh representation and seeks time limit to undertake the exercise.

4.

Having regard to the said submission, without going into merits of the contentions urged, this writ petition is disposed of, granting liberty to the petitioners to make appropriate application to the Tahsildar with due acknowledgment. On making such application, the Tahsildar shall consider the claim of the petitioners after following the due procedure and affording due opportunity to the unofficial respondents herein and pass appropriate orders as warranted by law. The said decision shall be taken within eight weeks from the date of receipt of the application.

5.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

___________________ P.NAVEEN RAO, J 25.04.2018 SS

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 25th APRIL, 2018 SS