← Library
High Court for State of TelanganaWP/29799/2018disposed of no costs

Kancherla Kondapa Naidu, v. State Of Andhra Pradesh,

2018-08-30C.Praveen Kumar2 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 29799 of 2018 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue (Andhra Pradesh). 2.

With the consent of both the parties, the Writ Petition is disposed of at the admission stage.

3.

The present Writ Petition came to be filed seeking issuance of Writ of Mandamus declaring the inaction of the respondents on the petitioners' representations dated 11.04.2016 and 29.01.2018 seeking grant of ryotwari pattas for the Inam lands under the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1856 (for short, 'the Act'), in respect of the lands admeasuring Acs.136.96 cents, in old Survey Nos.930, 931, 932 and new Survey Nos.897, 898, 899, 905, 260, 261, 264, 265, 269 and 913 (old Survey No.260), situated in Akkarajuvari Kandrika Revenue Village, Bhogol Mandal of Potti Sriramulu Nellore District, in favour of the petitioners, as illegal and arbitrary.

4.

Learned Government Pleader placed on record the instructions received from the respondents stating that the Writ Petitioners are not lawful title holders of the land claimed by them and the lands are in the possession of the State Government. It is further stated that the petitioners never cultivated the land and no

inch of land is in the possession of the Writ Petitioners at anytime. It is further stated that the petitioner cannot confer any ryotwari rights on purchase unless and until they get ryotwari patta under Section 7 of the Act from the competent authority. They are not entitled for ryotwari patta under Section 7 of the Act, consequent on their declaration as having being vested free from all encumbrances. The petitioners are not lawful title holders for the lands claimed by them and the lands are in the position of State Government.

5.

Hence, this Court is of the opinion that the request of the petitioners cannot be considered. However, the Writ Petition is disposed of directing the respondent -authorities to forthwith furnish a copy of the order passed rejecting the request of the petitioners, by registered post, in which event the petitioners shall avail the remedies available under law.

6.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _______________________ JUSTICE C. PRAVEEN KUMAR 30.08.2018 vhb