Nelakuditi Koteswara Rao v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.23053 OF 2016 ORDER:
The case of the petitioner is that he is the owner and possessor of the land to an extent of Ac.2.06 cents in R.S.No.86/C, situated at Abbarajupalem Village, within the registration limits of Sub-Registrar, Amaravathi, Narasaraopet, Guntur District, and to meet the family necessities, out of total extent of Ac.2.06 cents, the petitioner sold an extent of Ac.1.06 cents to the 5th respondent by way of registered sale deed vide Document No.970/1994, dated 15.09.1994. While so, the 2nd respondent-The Central Regional Development Authority (CRDA), requested the land owners whose lands are required for development of Capital Region to surrender their lands by submitting their title documents such as Pattadar Pass Books etc. Hence the petitioner approached the 2nd respondent to surrender his land to an extent of Ac.1.00 in R.S.No.
86/C along with the Pattadar Pass Books. But, the petitioner was informed that the above said land was mutated in the name of the 5th respondent to whom the petitioner earlier sold an extent of Ac.1.06 cents in R.S.No.86/C and that Pattadar Pass Books also issued in the name of the 5th respondent for the total extent of Ac.2.06 cents. Immediately, the petitioner submitted application dated 01.12.2015 to the 3rd respondent for cancellation of pattadar passbooks issued in the name of the 5th respondent and for mutation of petitioner's name in revenue records in respect of the land to an extent of Ac.1.00 cents in R.S.No.
mutated infavour of 5th respondent. But, as no action is being taken till today, present writ petition is filed. Heard learned counsel for the petitioner.
Learned Assistant Government Pleader for Revenue submits that the 3rd respondent has no power to cancel the pattadar pass books and title deeds.
Learned counsel appearing for the 2nd respondent-The Central Region Development Authority (CRDA) submits that no objections are filed by the petitioner before the 2nd respondent and that if any objections are filed by the petitioner under Section 50 of the Andhra Pradesh Capital Region Development Authority Act, 2014, the same will be considered by the 2nd respondent. In view of the above facts and circumstances, it is open for the petitioner to make application before the 2nd respondent in respect of his objections and on such application being made the 2nd respondent shall consider the same and take action in accordance with law after giving notice to the 5th respondent, within a period of four weeks from the date of filing objection by the petitioner.
Accordingly, the writ petition is disposed of. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
_____________________________ A.RAJASHEKER REDDY, J 20.07.2016
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