Palamakula Changalrayulu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.32452 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the 2nd respondent-District Collector, in not passing the orders on the petition dated 6.7.2018 of the petitioner for giving suitable directions to the 5th respondent to mutate his name in the revenue records and issue pattadar passbooks and title deeds in favour of the petitioner, for the land admeasuring Ac.2.08 cents and Ac.0.54 cents situated at sy.No.525/1 and 532/2 respectively of Yarramareddy Palem Village, Chettipalli Post, Renigunta Mandal, Chittoor District, as illegal and arbitrary.

It is the case of the petitioner that since last several decades, the petitioner and other villagers are in possession and enjoyment of the subject lands and in that connection, the petitioner submitted an application to the Deputy Tahsidlar (Inams), Chittoor, for grant of Rytuwari pattas which was dismissed and rytuwari patta came to be issued in favour of K.S. Ramanujam and others, without conducting any proper enquiry as contemplated under the A.P. Inams (Abolition and Conversion into Rythwari) Act, 1956 (for short, "the Act"). Challenging the said proceedings, the petitioner and others filed an appeal before the 3rd respondent - R.D.

O, after conducting an enquiry, allowed the said appeal and remanded the matter back to the 4th respondent-Tahsildar, for conducting enquiry afresh and take necessary action for granting rythuwari pattas to the eligible persons by following the procedure. It is further stated that, challenging the said proceedings dated 10.10.1992, passed by the 3rd respondent, the said K.S. Ramanujam filed a revision petition before the Chief Commissioner for Land Administration, A.P who dismissed the said revision, confirming the orders of the 3rd respondentR.D.O vide proceedings dated 29.3.2001 which has become final.

Pursuant to the orders of the 3rd respondent and the Commissioner (Appeals), the 4th respondent took up the enquiry afresh and after completion of the enquiry, issued the Rytuwari patta in Form-VIII dated 24.6.2013 in favour of the petitioner to an extent of Ac.2.80 cents, situated at Sy.No.520/1, Ac.0.54 cents situated at Sy.No.532/2 and Ac.0.05 1⁄2 cents situated in Sy.No.544/1 along with others in the village vide proceedings dated 24.6.2013. Thereafter, the petitioner submitted an application on 4.2.2017 to the 5th respondentTahsildar requesting to mutate his name in the revenue records pursuant to the patta granted in his favour by the Inam Deputy Tahsildar, but the 5th respondent-Tahsildar did not do so. Thereafter, the petitioner filed Writ Petition No.

5072 of 2018 before this Court seeking a direction to the 5th respondent to mutate the name of the petitioner which was disposed of on 16.2.2018 directing the petitioner to make a proper application, in which event, the revenue authorities were directed to consider and pass appropriate orders within eight weeks. Pursuant to the order of this Court dated 16.2.2018, the 5th respondent passed the orders dated 14.5.2018, rejecting the application of the petitioner for mutation of his name in the revenue records. Under those circumstances, the petitioner having no other go, submitted an application to the 2nd respondent on 6.7.

2018, requesting him to issue the suitable direction to the 4th respondent-Deputy Tahsildr (Inams) for mutation of his name in the revenue records, but till date, the 2nd respondent-District Collector, did not pass any orders, Hence, the present writ petition came to be filed.

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent-District Collector, to deal with the representation dated 06.07.2018, submitted by the petitioner in respect of the subject lands and pass appropriate orders, in accordance with law, as early as possible, preferably within a period of

three to five months from the date of receipt of copy of this order, by giving the reasonable opportunity of hearing to the petitioner and all concerned.

With the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:11.09.2018.

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HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.32452 OF 2018 Date:11.09.2018 Gk