Damera Veeraswamy Naidu, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17165 of 2015 ORDER:
Heard learned counsel for the petitioner and Government Pleader for Revenue. With the consent of both the parties, the main writ petition is heard at the admission stage itself. The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in deleting the name of the petitioner from the revenue records in respect of lands in Sy.Nos. 288/P, 482, 483, 484 and 310 of Pallam and Chintalapalem Village, as arbitrary, illegal and violation of principles of natural justice; and consequently to direct the respondents to issue pattadar pass books and title deeds in favour of the petitioner in respect of the said land. The facts in issue are as under:
The petitioner was granted Ryotwari patta by the Assistant Settlement Officer on 14.12.1966 vide S.R.No.369/15(1)/62/KHT in respect of land admeasuring Ac.54.00. However, the said land was sub-divided into Sy.Nos.288/P, 482, 483, 484 of Pallam Village and Sy.No.310 of Chintalapalem Village. Since then the petitioner claims to be in un-interrupted possession over the said land. It is stated that on 20.04.2015, while the petitioner was going to bank along with the documents for the purpose of availing a loan, he lost the same while he was on the way from Chintalpalem to Yerpedu. Immediately ie. On 22.04.2015 he lodged a report to the Yerpedu police station about the incident. It is stated that as the bank authorities are insisting the petitioner to
get a copy of the documents through mee-seva for processing the loan application, as such he made an application on 07.05.2015 through mee-seva which indicate that his name was shown in IB register and adangal. Since the bank again insisted to obtain all the relevant documents afresh, the petitioner made an application on 12.06.2015 through mee-seva. It is averred that to the utter shock and surprise the online site of mee-seva does not contain any information pertaining to the said survey numbers and insisting for "Tahsildar's verification and approval". Challenging the same, the present writ petition came to be filed. A counter came to be filed by the respondents admitting the possession of the petitioner over the said land. In Para No.
5 of the counter it is stated that ryotwari patta was granted to the writ petitioner and the entries of grant of settlement patta was implemented in the revenue records and pattadar. It is also admitted that the fourth respondent, issued pattadar pass book and title deed to the petitioner after verifying the record. The averments made in the counter further shows that though pattadar pass book and title deed were granted in favour of the petitioner but due to some clerical error, online entries got deleted.
In view of the admission made in the counter the writ petition is disposed of, directing the respondents to show the name of the petitioner in the online record and to issue the pattadar pass book and title deed, if he fulfils all other conditions, as early as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. No order as to costs.
Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ JUSTICE C. PRAVEEN KUMAR 30.11.2015 gkv