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High Court for State of TelanganaWP/39247/2016disposed of no costs

Kongani Basaiah, v. The State Of Andhra Pradesh,

2016-11-15C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.39247 OF 2016 ORDER:

This Writ Petition is filed by the petitioners by invoking Article 226 of the Constitution of India seeking a direction to the 3rd respondent to enter the name of the 2nd petitioner as pattadar and enjoyer in respect of land to an extent of Acs.3.16 cents situated in survey No.946 of Pedda Orampadu village of Obulavaripalli Mandal, YSR Kadapa District.

Heard the learned counsel for the petitioners as well as the learned Assistant Government Pleader for Revenue for respondents. With their consent, the writ petition is disposed of at the stage of admission itself. There is no necessity to put R.4 on notice since this Court is not venturing to adjudicate the case on merits.

Though various grounds are raised in the writ petition, the learned counsel for the petitioners mainly submits that though pattadar pass books and title deeds were issued infavour of the petitioners, the on-line entries reflect the name of the 4th respondent. According to him, the error in on-line entries occurred due to malafide intention on the part of the respondents in collusion with R-4. Learned counsel would also submit that the 1st petitioner made a representation on 26.09.2016 to the Tahasildar seeking rectification of entries and to include the name of the petitioners. However, till date no orders are passed thereon.

Learned AGP would submit that since the correction sought by the petitioners is within a period of one year, the Tahasildar may be directed to dispose of the representation of the 1st petitioner made on 26.09.2016, if the same is still pending consideration.

Having regard to the rival submissions made, the Writ Petition is disposed of directing the 3rd respondent-Tahasildar to consider the representation made by the petitioner on 26.09.2016 and pass necessary orders thereon, if the same is still pending consideration, in accordance with law, after hearing the petitioner and the aggrieved party, if any including the 4th respondent herein, as early as possible, preferably within a period of four weeks from the from the date of receipt of a copy of this order. Miscellaneous petitions pending in this writ petition, if any, shall stand closed. There shall be no order as to costs. ________________________ C. PRAVEEN KUMAR, J Date: 15.11.2016 sur