M. Kannammal, v. The District Collector,

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION NO.2615 OF 2006 ORDER:

This writ petition is filed seeking to declare the action of the respondents in not granting ownership certificates to the petitioners for an extent of 0.14 cents in Sy.Nos.198/4 and 125/1 of Puttur Town and Mandal of Chittoor District though the petitioners are entitled as per Section 6 of A.P. Occupants Homesteads (Conferment of Ownership) Act as illegal, unjust, arbitrary, discriminative and against the statutory provisions and consequently direct the respondents to grant ownership certificates to the petitioners.

2.

It is the case of the petitioners that they are in possession of the land in an extent of 0.14 cents in Sy.Nos.198/4 and 125/1 of Puttur Town and Mandal in Ramineedu Colony of Chittoor District and as they are in possession for decades together, they are entitled for obtaining ownership certificates from the respondents under Section 6 of A.P. Occupants Homesteads (Conferment of Ownership) Act and at one point of time one Mr.K.V.Gurappa Naidu over powered them and dismantled their thatched house and upon the complaint made by the petitioners to the respondent officials, claiming compensation of Rs.25,000/- for reconstruction of their house, the revenue officials intervened and the third party Mr.Gurappa Naidu has accepted to pay Rs.20,000/- as compensation. 3.

During the course of the arguments, the learned counsel for the petitioners has confirmed receipt of the amounts.

Though the said fact is not related to the present case, the counsel reiterated the said fact to show that the petitioners are in possession of the subject property for the past four decades. 4.

The respondents filed their counter, stating that the A.P. Occupants Homesteads (Conferment of Ownership) Act, 1976 is not applicable to the case of the petitioners as the land in question is classified as water course poramboke. The land in Sy.No.198/4 of Puttur village is classified as Ammavarigunta and the land in Sy.No.125/1 is classified as Kalva Poramboke (water course poramboke) and it is highly objectionable for grant of house site pattas. In the alternative, the petitioners were given 0.02 cents and 0.05 cents in plot Nos.81 and 82 of Sy.No.186 of Nesanur village of Puttur Mandal on 14-08-2003. 5.

In view of the above contentions made by the respondents in the counter affidavit, the petitioners' interest has been taken care of by the respondents.

6.

Accordingly, the writ petition is dismissed. No order as to costs. As sequel, the miscellaneous petitions pending if any shall stand closed.

_______________________ T.AMARNATH GOUD,J Date: 23-02-2018 Shr