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High Court for State of TelanganaWP/16966/2016disposed of no costs

Smt.Faiz Sultana, v. The State Of Andhra Pradesh,

2016-06-03Challa Kodanda Ram2 pages

THE HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.16966 OF 2016 ORDER:

The limited grievance of the petitioner in this writ petition is that the second respondent is interfering with the agricultural operations of petitioner in respect of land in survey No.74/C to an extent of Ac.0.50 cents situated at Kalluru Village, Joharapuram, Kurnool. It is the case of the petitioner that he purchased the subject land from one P.Naganna on 08.08.1994 through a registered sale deed bearing Doc.No.5260/1994. Further, petitioner's predecessor in title was in possession and enjoyment of the same for a long time. Petitioner has been cultivating the said land since his purchase without interference from any person. While so, all of a sudden, the second respondent-authorities started interfering with his possession even without there being any notice. Hence, thIS writ petition. When the matter was listed on 02.06.2016, the learned Government Pleader sought time for getting instructions. Hence, the matter was adjourned to today.

Today, learned Government Pleader on instructions submits that the subject land is the land belonging to Temple and the same is also recorded in revenue records. However, learned Government Pleader submits that necessary action as laid down in the Endowments Act will be initiated to restore the land to Temple authorities.

Having considered the rival submissions, the fact that the petitioner is in enjoyment of the subject land since 1994 is not in dispute. It is well settled that mere entries in Revenue Records does not decide the title with respect to the property as they are maintained only for the purpose of revenue. In those circumstances, the respondent-authorities are directed not to interfere with the peaceful

possession and enjoyment of the petitioner over the subject land. However, it is left open to respondents-authorities to initiate appropriate legal proceedings, as may be advised, in accordance with law.

With above directions, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

____________________________ Justice Challa Kodanda Ram 3rd June, 2016.

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