Kukka Gurramma, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.41466 OF 2015 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. With consent of both the counsel, the present writ petition is disposed of at the admission stage.

2. The present Writ Petition came to be filed seeking issuance of writ of mandamus declaring the action of the 3rd respondent in not disposing of the ROR Appeal No.3139 of 2014 as illegal and arbitrary.

3. The averments in the affidavit filed in support of the writ petition show that the petitioner is absolute owner of the land admeasuring Ac.0.34 cents in Sy.No.179/3 of Chinna Anjimedu village being inherited from her husband, who inherited the same from his forefathers.

As per the Settlement Register, the petitioner's father-in-law Kukka Naraiah is the pattadar. In the said land, there is a small Temple called Sri Gurrappa Swamy Samadhi and the same was not published under Section 6 (c) (II) of the Act, 30 of 1987. Petitioner's father-in-law cultivated the above said land and after the demise of her father-in-law, her husband cultivated the said land and paid taxes to the authorities concerned. It is said that basing on a report given by one Sri Shenmugha Reddy before the 4th respondent, Revenue Inspector and Village Revenue Officer, the 4th respondent issued pattadar pass book in favour of the Temple. Aggrieved by the said action, the petitioner filed a representation before the 2nd respondent on

29.07.2014. As per the instructions of the 2nd respondent, the petitioner is said to have filed an appeal before the 3rd respondent on 06.11.2014 and the same is pending. Inaction of the 3rd respondent in not disposing of the appeal led to filing of the present writ petition.

4. Though various grounds are raised by the petitioner, she restricts her claim seeking a direction to the 3rd respondentRevenue Divisional Officer, Tirupathi, to dispose of the ROR Appeal No.3139 of 2014 at the earliest.

5. Learned Government Pleader for Revenue did not dispute the same.

6. Without going into the merits of the case and having regard to the facts and circumstances of the case, the Writ Petition is disposed of directing the 3rd respondent to dispose of the ROR Appeal No.3139 of 2014 made by the petitioner, if the same is still pending, as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of a copy of this order, in accordance with law.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:06.01.2016 INL