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High Court for State of TelanganaWP/15155/2016disposed of no costs

Bonnamukkula Poli Reddy, v. The State Of Andhra Pradesh, Rep. By Its Principal

2016-06-17A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.15155 OF 2016 ORDER:

The case of the petitioner is that he is the owner of land admeasuring Ac.5.94 cents in Sy.No.619 of Toorpu Yerraballi Village, Kondapuram Mandal, SPSR Nellore District, having purchased the same from one Avula Rama Subba Reddy through registered sale deed dated 16.10.2009 and has been in possession and enjoyment of the said property. The petitioner also obtained loan from the Bank by mortgaging the said property with the bank. When the third parties tried to interfere with the said property, the petitioner filed OS and obtained injunction. The petitioner also obtained electricity connection to the said land by filing a writ petition against the electricity department. His name is also entered in all revenue records like Adangals, Pahanies, ROR etc. until December 2015 in the Revenue records. But, all of a sudden in the revenue records the classification of the said land is changed as Government land. Aggrieved by the same, petitioner made application before the 3rd respondent, but, as no order is passed, present writ petition is filed.

Heard learned counsel for the petitioner.

Learned Assistant Government Pleader on instructions submits that since the subject land is a Government land the classification has been changed and petitioner produced forged and fabricated documents.

Since petitioner claims to be the owner of the subject land

having purchased the land through registered sale deed and his name is found in the revenue records till December 2015, for any change in the revenue records, the petitioner has to be put on notice as per Section 5(3) of the A.P.Rights in Land and Pattadar Pass Books Act, 1971. In view of the same, since petitioner's application is stated to be pending before the 3rd respondent, the 3rd respondent is directed to consider the application of the petitioner in accordance with law and take action accordingly. With the above direction, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 17.06.2016 tk