Alapati Krishna Murthy And Another v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.4103 of 2015 ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Arbitration for the State of Andhra Pradesh.

2. The petitioners in this Revision Petition have questioned the endorsement furnished under the provisions of the Right to Information Act, 2005 on 02-042014 by the Revenue Divisional Officer, Eluru in L.C.C.No.2298/ELR/75. The petitioners, who are the third parties, had filed an application on 30-01-2012 invoking Rule 16 (7) of the Rules framed under the AP Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974, which application is said to be pending at the R.D.O., Eluru. To enquire into the status of the said application, the petitioners applied under the provisions of the Right to Information Act, 2005. In response thereto, the R.D.O., Eluru has issued impugned endorsement stating that the petition is not considered and gave certain reasons for the same.

3. Challenging the same, this Revision Petition is filed.

4.

As a statutory authority, under the provisions of the said Rules, it is the duty of the R.D.O.,

Eluru to pass orders on the petition filed by the petitioners. Under Rule 16 (7) of the said Rules, he cannot refuse to consider the said petition or to pass orders thereon.

5. In this view of the matter, the endorsement dt.02-04-2014 in L.C.CNo.2298/ELR/75 is set aside and the said officer is directed to pass orders on the petition dt.30-01-2012 filed by the petition in L.C.CNo.2298/ELR/75 within two months from the date of receipt of a copy of this order positively.

6.

Accordingly, the Civil Revision Petition is allowed. No costs.

7.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 09-09-2015 kvr