Savaram Nataraja, Chittoor Dist v. Tahsildar, Punganur Mandal, Chittoor Dist And 6 Others

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.37502 of 2017 ORDER:

It is the case of the petitioner that he is the absolute owner and possessor of agricultural land to an extent of Ac.4.75 cents in Survey No.217/B, situated at Bodavaripalle Revenue Village, Punganur Mandal, Chittoor District, as the same was purchased by his father in public auction conducted by the Cooperative SubRegistrar, Palamanner on 04.06.1987. It appears that the said land was originally assigned to one Arimi Arimanna, who took agriculture loan from Punganur Cooperative Agricultural Development Bank Ltd and not paid the loan amount. The property was put to auction pursuant to the decree obtained by the bank. The sale was confirmed by the Cooperative Sub-Registrar. When the title of the father of the petitioner was dispute, the father of the petitioner filed O.S.No.

42 of 1991 on the file of Additional District Munsiff, Punganur, against third parties and Government and the said suit was decreed by judgment and decree, dated 15.07.1997 and it has become final. When the decree was implemented in E.P.No.127 of 1998, the petitioner filed an application for issuance of pattadar passbooks and title deeds and for mutation of entries in the revenue records on 08.09.2011. When no action was taken, the petitioner filed W.P.No.38536 of 2012 and the same was disposed of on 14.12.2012 giving liberty to the petitioner to file appropriate application in the prescribed proforma. Accordingly, he filed another application. When the said application was not considered, he filed C.C.No.

pattadar passbooks and title deeds were issued on 05.03.2015. Accordingly, the contempt case was closed on 06.03.2015. But, the revenue records were not updated in online web land register. He immediately approached the 5th respondent for obtaining market value and came to know that the said property was not deleted from the list of prohibited properties. As no action was taken, he filed the present Writ Petition seeking mutation of his name in the revenue records and for deleting the property from the list of prohibited properties.

2.

This Court issued notice before admission on 08.11.2017 and on 08.12.2017 directed the 4th respondent to take immediate action for deletion of petitioner's land from the prohibited list and communicate to the 5th respondent, as recommended in his letter, dated 21.11.2017, failing which to appear before this Court. In spite of the communication, the 4th respondent did not appear and when a notice was issued, the 4th respondent appeared before this Court on 05.02.2018 and filed an affidavit stating that he addressed a letter to the State Level Committee on 03.02.2018 for deletion of property from the list of prohibited properties under Section 22-A (1) of the Registration Act and orders are awaited. 3.

In view of pending grievance of the petitioner for several years, the State Level Committee, to whom a letter was addressed by the 4th respondent on 03.02.2018, shall consider the same and pass appropriate orders thereon, within a period of four (04) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

Depending on the said decision, the Tahsildar, Punganur, shall take appropriate action in accordance

with law. Copy of the order shall be communicated to the Special Chief Secretary and Chief Commissioner of Land Administration, A.P., and Commissioner of Survey, Land and Re-Settlement Record, for implementation.

5.

The Writ Petition is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

________________________________ A.RAMALINGESWARA RAO, J MARCH 13, 2015 YVL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.37502 of 2017 Date:13.03.2018 YVL