Veerla Venkata Swamy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 10665 of 2015 ORDER:

The claim of the petitioners is that all the petitioners are in occupation of different extents of land in Survey No.379 of Konanki Revenue village, Piduguralla mandal, Guntur district, which is Government poramboke. Recognising their occupation, the revenue authorities subdivided the land in 1997 and the Tahsildar also recommended grant of pattas in their favour. However, inspite of several representations, pattas are not yet issued in their favour; in the result, they are unable to raise finance and cultivate the same; thus preventing them to exploit the land to the maximum.

2. Learned counsel for the petitioners submits that the petitioners made representations on 11.04.2014, 24.10.2014 and 10.12.2014 to the Collector and the Tahsildar to process their representations and grant pattas in their favour. Inspite of the same, the respondent authorities are not acting on their representations.

2.

On the other hand, the learned Assistant Government Pleader, by pointing out to the Re-Survey and Re-Settlement Register of the village, submits that Survey No.379/4 (Old) / Survey No.374/9-C (new) is recognized as 'Kunta' land and 'Kunta' land cannot be assigned in favour of anyone as the same is prohibited by the Hon'ble Supreme Court in the judgment reported in Intellectuals Forum, Tirupathi v. State of A.P. and others[1].

3. Having considered rival submissions, this Court is of the view that, ultimately, it is for the respondent authorities to pass necessary orders on the representations of the petitioners, by taking into consideration the ground realities.

4.

In that view of the matter, without expressing any opinion on the merits of the case, the writ petition is disposed of with a direction to the respondent authorities to pass appropriate orders on the representations of the petitioners, in accordance with law, if the petitioners are otherwise eligible to be considered for grant of pattas in accordance with the schemes

in vogue and subject to the limitations with respect to the grant of pattas, within a period of three months from the date of receipt of a copy of this order. No costs.

Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

_____________________________ CHALLA KODANDA RAM, J 16th April, 2015 ksm [1] (2006) 3 SCC 549