Velpuri Venkata Basava Rao, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18493 OF 2016 ORDER:

The case of the petitioner is that he is the owner and possessor of the land admeasuring Ac.0-33 cents in R.S.No.493/6 of Buddavaram Villge, Gannavaram Mandal, Krishna District which was covered under the Land Pooling Scheme. But the respondent authorities are trying to mutate the name of the 7th respondent as pattadar in respect of the subject land. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Land Acquisition on instructions submits that there were disputes regarding the location of the lands in Sy.No.493/5 to 7 and a survey was conducted and a report was filed to which the petitioner was also one of the signatories. As per the said survey, the subject land is Tank Poramboke and the petitioner is in possession of Ac.0.37 cents in R.S.No.493-7, Ac.0-15 cents in R.S.No.492-7C and Ac.0.32 cents in R.S.No.512 i.e., Tank Poramboke and the 7th respondent is in possession of Ac.0-33 cents in R.S.No.493-6, though his document shows that as if he is in possession of R.S.No.493-5. He also submits that though petitioner filed O.S.No.113 of 2016, the Tahsildar was not made a party.

In the present case, it is to be seen that there are some disputes regarding location of the lands in Sy.No.493/5 to 7 claimed by the petitioner and the 7th respondent.

In view of the same, it is for the concerned authority to decide the said issue under Section 50 of the Andhra Pradesh Capital Region Development Authority Act, 2014. If the petitioner or 7th respondent disputes the same, it is for them to approach the competent Court. Until the order is passed under Section 50 of the Act, the respondents shall not disburse the compensation amount in respect of the subject land.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J

23-06-2016 dv