M. Subrahmanyam v. The District Collector

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.7355 of 2011 Between:

1. M. Subrahmanyam and another PETITIONERS AND

1. The District Collector, Chittoor, and others. RESPONDENTS

ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue (A.P.). With the consent of both the parties the writ petition is disposed of at the admission stage itself. The present writ petition is filed questioning the inaction on the part of respondents 3 and 4 in considering the representation dated 14.03.2011 of the petitioners for conducting enquiry with regard to issuance of DKT patta, pattadar pass books, and title deeds in favour of respondent Nos.5 and 6 in respect of the land admeasuring Ac.2.00 and Ac.1.54 cents in Sy.No.231/1 and 231/2 respectively situated at Chelleru Revenue Village Yerpedu Mandal of Chittoor District, as illegal and arbitrary.

The averments in the writ affidavit show that the petitioners hail from poor SC families and all of them formed a society in the year 1973. The father of the 1st petitioner was allotted Ac.2.00 and the 2nd petitioner's father was allotted Ac.1.54 cents of land in Sy.No.231/1 231/2 situated at Chelleru Revenue Viollage Yerpedu Mandal, Chittoor District and accordingly pattas were also issued. They obtained certified copy of the Adangal on 13.12.2010, which also shows the names of the fathers of the petitioners as patta holders as well as possessors. When respondents 5 and 6 filed O.S.No.21 of 2011 on the file of Principal Junior Civil Judge, Srikalahasti, seeking injunction, the petitioners came to know that the unofficial respondents have obtained DKT patta, pass books and title deeds by suppressing the real facts in respect of their possession. On coming to know about the same, the petitioners made representations dated 14.03.2011 to respondents 1 to 4 for conducting an 0enquiry with

regard to issuance of DKT pattas, pass book and title deeds in favour of respondents 5 and 6. As the said representation was unattended to the present writ petition is filed.

The learned counsel for the petitioner submits that though the petitioners submitted representation in the year 2011 the same has not been disposed of till date. Hence, the learned counsel seeks a direction to the respondents to dispose of the said representation at an earliest by conducting appropriate enquiry after issuing notice to the petitioners. Having regard to the same and without going into the merits of the case this writ petition is disposed of by directing respondents 3 and 4 to consider the representation dated 14.03.2011 submitted by the petitioners, if it is still pending, and dispose of the same in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

___________________________ JUSTICE C. PRAVEEN KUMAR 13th July, 2015 Js.