P. Venkata Rajeswaramma v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 7372 OF 2010 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Assignment.

The present Writ Petition came to be filed seeking a direction to the respondents to consider the case of the petitioners for grant of assignment patta in their favour in respect of the property situated in R.S.Nos.27 and 30 of Pedapudi Village, Movva Mandal, Krishna District and declare their inaction as illegal and arbitrary.

The petitioners who claim themselves to be below poverty line state that they are in peaceful possession of various small extents of land situated in R.S.Nos.27 and 30 of Pedapudi Village, Movva Mandal, Krishna District. It is their case that the second respondent, under the influence of local politicians, is trying to dispossess the petitioners from the said property. It is stated that the petitioners gave several representations requesting the authorities to consider their cases but to no avail.

Though various grounds are raised in the Writ Petition, the learned counsel for the petitioners submits that a direction may be given to the respondents to consider their representation dated 13.01.2010 in accordance with law.

A counter came to be filed by the respondents denying the averments made in the Writ Petition. According to them, the petitioners are not small farmers and they have huge extents of land and hence they are not entitle for any assignment on the ground that they are living below poverty line. However, the learned Government Pleader submits that the representation, which is made before the authorities, may be directed to be disposed of in accordance with law.

Without going into merits of the case and having regard to the

circumstances stated above, the Writ Petition is disposed of directing the Tahsildar to pass orders on the representation dated 13.01.2010, made by the petitioners, as expeditiously as possible, preferably within a period of twelve

(12) weeks from the date of receipt of a copy of this order, in accordance with law, if the same is still pending consideration. Till such time, the order of status quo passed by this Court on 13.04.2010 shall be in force. It is needless to mention that the Tahsildar shall give opportunity to all the parties including the petitioners, before passing orders on the said representation. No costs. Consequently, the Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

________________________________ JUSTICE C. PRAVEEN KUMAR 01.12.2015 vhb