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High Court for State of TelanganaWP/14950/2004disposed of no costs

A.P.Bhoodan Yagna Board, Rep.By Its Secretary, v. The Dist.Collector,

2016-07-08M.Satyanarayana Murthy4 pages

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No. 14950 of 2004 ORDER:

This writ petition is filed challenging the inaction of the respondents in granting D-Form Pattas in favour of the petitioners 2 to 13, as proposed by the 1st petitioner, in respect of the agricultural land admeasuring Acs.32.25 guntas in Survey Nos.1018, 1019 and 1020 (Old Survey No.337) of Injamur Village, Chintapalli Mandal, Nalgonda District, as illegal and arbitrary.

According to the petitioners, the 1st petitioner has been established under the A. P. Bhoodan and Gramdan Act, 1965 for the purpose of equitable distribution of land among landless poor persons. An extent of land admeasuring Acs.32.25 guntas in Survey Nos.1018, 1019 and 1020 (Old Survey No.337) of Injamur Village, Chintapalli Mandal, Nalgonda District, was donated to the 1st petitioner by one Sri Mandamula Narsimha Rao. Thereafter, the said land was allotted by the 1st petitioner in favour of the grand-fathers of the petitioners 2 to 13. After the demise of the original allottees, the petitioners 2 to 13, being the only surviving legal heirs, are in continuous possession and enjoyment of the land. Thereafter, the 1st petitioner requested the 2nd respondent to issue "D" Form Pattas in favour of the petitioners 2 to 13, as per the allotment made by it, basing on the report of the Village Secretary and the representation of the petitioners 2 to 13, apart from addressing a letter dated

23.07.2004 to the 1st respondent seeking a direction to the 2nd respondent to issue D-Form pattas. But till date, no orders have been passed by the respondents. Therefore, the inaction of the respondents is illegal and arbitrary.

During hearing, the learned counsel for the petitioners submitted that if a direction is issued against the respondents to consider the request of the petitioners and pass appropriate orders on their application, it would meet the ends of justice, for which the learned Government Pleader for revenue appearing for the respondents did not object.

In view of the request made by the counsel for the petitioners and the acceptance of the learned Government Pleader, the respondents are directed to pass appropriate orders on the application of the 1st petitioner dated 23.07.2004. If the said application is not available with the respondents, the petitioners are at liberty to submit a fresh application to the respondents for grant of D-Form pattas, and on such application, the respondents shall pass appropriate orders, within a period of three (3) months from the date of receipt of such application.

With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in the writ petition shall also stand dismissed. __________________________________ M.SATYANARAYANA MURTHY, J

8th July, 2016 cbs HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

Writ Petition No. 14950 of 2004 8th July, 2016 cbs