M.Thirupathaiah v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.39569 of 2018 ORDER:

The case of the petitioners is that the petitioners are absolute owners and possessors of land in sy.No.63/1 admeasuring Ac.2-00 cents, sy.No.63/1P admeasuring Ac.1-37 cents, sy.No.63/4 admeasuring Ac.2-08 cents, sy.No.63/4 admeasuring Ac.2-00 cents, sy.No.63/4 admeasuring Ac.1-45 cents, sy.No.63/7 admeasuring Ac.2-00 cents and sy.No.63/8 admeasuring Ac.2-00 cents situated at Ulavapalla Village, Dagadarthi Mandal, SPSR Nellore District pursuant to CJFS lands granted by the Government in their favour. The petitioners were issued pattadar passbooks and their names were mutated in revenue records. That respondents 4 and 5 deleted the names of petitioners and incorporated the names of third parties as pattadars in revenue records and allotted vast extent of lands in their favour.

The petitioners have made representations dated 24-09-2018 and 27-09-2018 to respondents 2 and 4 requesting them not to incorporate names of third parties in their place in respect of subject survey numbers. As no action has been taken, the present writ petition is filed seeking a direction to respondents not to dispossess the petitioners from the subject lands. Written instructions are produced by learned Assistant Government Pleader saying that the father of petitioner Nos 1, 5, 6 and 7 is a lessee of CJFS to an extent of Ac.

sy.No.63/8, the 2nd petitioner is the lessee of Ac.1-33 in sy.No.63/1A and the remaining petitioners 3 and 4 do not have any land. Lands in sy.Nos 63/8 and 63/1A are not going to be disturbed and survey is undertaken to provide roads in an extent of Ac.6-90 cents, which is an unassigned land and vacant on ground.

Learned counsel for the petitioners submit that the petitioners have made representation to respondent No.4. In view of the same, the writ petition is disposed of directing the 4th respondent to consider the representation of the petitioners made in respect of their grievance, in accordance with law. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A.RAJASHEKER REDDY,J 12-11-2018 Nvl