High Court for State of TelanganaWP/1593/2015disposed of no costs

Narra Rangaswamy, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary,

2015-02-18Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.1593 OF 2015 ORDER:

The case of the petitioner is that he has purchased an extent of land an extent of Ac.2-58 cents in Sy.No.258-A and Ac.013 cents in Sy.No.258-B (Total Ac.2-71 cents) situated in Rayalacheruvu Village of Yadiki Mandal for a valuable consideration from one Cherukuri Venkata Narayana, who got the said property by way of Registered Gift Deeds executed by his mother dated 18.07.2012 and 27.07.2012.

The case of the petitioner is that the respondent authorities are interfering with the peaceful possession and enjoyment of the property and they are preventing the petitioner from cultivating the said land. Notice was issued in this matter and the learned Assistant Government Pleader for Revenue (A.P.) placed on record the communications received from the Tahasildar vide his letter in Rc.No.A/29/2015, dated 12.02.2015.

A perusal of the proceedings which are taken on record reveal that the vendor of the petitioner, who is none other than the petitioner's brother-in-law, had tampered with the entries in Pattadar Passbooks showing as against Sy.No.638 an extent of Ac.4-50 cents though the extent was actually Ac.1-30 cents. Learned counsel for the petitioner disputes the tampering of the record by anyone muchless his vendor. However, considering the fact, petitioner is in possession of the land and the truth or otherwise of the allegations with respect to the tampering is a matter for enquiry there shall be a direction to the effect that the petitioner's possession and enjoyment shall not be disturbed

without following due process.

It is open for the revenue authorities to take appropriate proceedings to set right the anomaly which has crept in the records after giving an opportunity to the all concerned including the petitioner. Accordingly, the Writ Petition is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed. ___________________________ CHALLA KODANDA RAM, J Dated:18.02.2015.

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