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High Court for State of TelanganaWP/7466/2015disposed of no costs

Pindi Desaiah, S/O.Late P.Chinnaiah, v. The Government Of Andhra Pradesh, Rep. By

2015-03-23Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.7466 of 2015 Between:

1. Pindi Desaiah and others.

PETITIONERS AND

1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, and others. RESPONDENTS

ORDER:

The petitioners and the 5th respondent are legal heirs of their grandfather Pindi Lachaiah, who is the original owner and pattadar of the land to an extent of Ac.1.75 cents in Sy.Nos.68, 95, 97 of Puttur Revenue Village, Puttur Mandal, Chittoor District. The petitioners along with 5th respondent entered into an understanding and orally partitioned the said joint family properties as per the unregistered "Panchayat Family Deed of Partition" dated 11.07.1989 and their shares were allocated. They had also been issued pattadar pass books and have been enjoying the same. On coming to know that the 5th respondent got the revenue records altered, the petitioners made representations dated 01.12.2012, 12.03.2012 and 23.06.2014 to the District Collector and the District Collector in turn has directed the 4th respondent to enquire into the same.

The 4th respondent had issued notice on 28.01.2015 to all the parties concerned to get entire record. On 9.02.2015 the petitioners produced the concerned records. As the 5th respondent did not cooperate and not come forward with the record, the matter was adjourned. Thereafter, the 4th respondent had not completed the enquiry. Now basing on the revenue entries, which have been altered without notice to the petitioners, the 5th respondent is preventing the petitioners from enjoying the property. It is stated that the petitioners have no other land except the land in question and they are totally dependant on the same. In that view of the matter, the petitioners pray a direction to the 4th respondent to complete the enquiry expeditiously and take necessary corrective steps and restore the original entries in their favour.

Heard learned counsel for the petitioners and the learned

Government Pleader for Revenue (A.P.) for respondents. Having considered the grievance of the petitioners and having perused the record and considering the fact that the 4th respondent had initiated enquiry, interests of justice would be served if a direction is given to the 4th respondent to complete the enquiry as expeditiously as possible.

Accordingly, the writ petition is disposed of directing the 4th respondent to complete the enquiry on the complaint of the petitioners and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed.

_____________________ CHALLA KODANDA RAM, J.

23rd March, 2015 Js.