Manda Chinnaiah, v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.41291 OF 2018
O R D E R
The case of the petitioners is that in the year 1954, the Government of Andhra Pradesh issued patta under CJFS scheme in favour of their paternal grand father by name Manda Bodaiah s/ o Chinnaiah in an extent of Ac.1-31 cents in Sy.No.222/ 6 situated at Damavaram village, Dagadarthi mandal, SPSR Nellore District, and since then he has been in possession and enjoyment and his name was mutated in the revenue records and he was also issued with pattadar pass book and he was paying the cist to the Government. The said Manda Bodaiah, purchased an extent of Ac.1-36 cts. in Sy.No.222/ 5 situate at Damavaram village, Dagadarthi mandal, SPSR Nellore District on 24.07.
1968 from one Manda Mugaiah, s/ o Narsaiah and paid the entire sale consideration, but due to some reasons, registered document could not be executed, however since the date of purchase, their paternal grand-father was in possession and enjoyment. The further case of the petitioner is that the Government sought to acquire the subject lands along with the land of others for the purpose of Greenfield Airport at Nellore. The petitioners allege that the unofficial respondents 6 to 9, in collusion with revenue officials, got their names mutated in the revenue records in respect of subject property, for the purpose of claiming compensation. Their grievance is that though they made presentation on 04.09.2018 to respondents 2 to 5, seeking not to pay any compensation to unofficial respondents 6 to 9, no action has been taken.
Hence the present writ petition. Heard the learned counsel for the petitioners.
Ms. Marella Radha, learned counsel appearing for unofficial respondents 6 to 9, on instructions, disputing the averments made in the writ affidavit, submitted that the names of unofficial respondents have been entered in the revenue records and they have been issued with pattadar pass books and title deeds in respect of subject property and the 3rd respondent - Joint Collector - cum - Land Acquisition Officer, issued notice to the unofficial respondents in Form - IV, calling for objections, and as such, they are entitled to claim compensation and the petitioners have no right to claim compensation. Heard the learned Assistant Government Pleader for Revenue.
In this case, it is to be seen that the 3rd respondent issued notice in Form - VII on 22-09-2018 calling for objections from the interested persons and the names of unofficial respondents are shown in the said notice as owners of subject land. In view of the same, if the petitioner is aggrieved, it is open to him to file objections with necessary documents in support of his claim and 3rd respondent is directed to consider his claim along with the claim of unofficial respondents, and take action in accordance with law, within a period of three months from the date of receipt of a copy of this order.
With the above direction, writ petition is disposed of. Interlocutory applications pending, if any, shall stand closed. No costs.
------------------------------------------ A.RAJASHEKER REDDY,J DATE:27-12-2018
AVS