P. Mohan Reddy v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.44378 of 2018 ORDER:

It is the case of the petitioners that they are joint owners of the land to an extent of Ac.4-86 cents situated in Sy.No.211/2 of Angallu Village, Kurabalokota Mandal, Chittoor District. On 25-09-1925 the grandfather of the petitioners by name Poreddi Pasla Reddy has purchased the land to an extent of Ac.8-66 cents in Sy.No.211/2 from one Kotte Krishnappa S/o.K.Machanna under a registered sale deed document No.2136/1925. After his purchase, the name of Poreddi Pasla Reddy has been recorded in revenue records and after his demise, the said land was transferred in the name of his sons viz., Poreddi Venugopal Reddy and Poreddi Ramchandra Reddy. Subsequently the family properties of Poreddi Venugopal Reddy and Ramachandra Reddy were partitioned together with Sy.No.211/2 to an extent of Ac.

8-66 cents and said extent was fell to the share of Poreddi Ramchandra Reddy vide partition deed dated 14-11-1979 through document bearing No.922/1980. On 01-10-1998 Poreddi Ramchandra Reddy and his sons Poreddi Mohan Reddy and Poreddi Vishvanath Reddy jointly executed a relinquishment deed in favour of Poreddi Yella Reddy in relation to land admeasuring Ac.4-00 cents in Sy.No.211/2 of Angallu Village, Kurabalokota Mandal, Chittoor District. Thus, Poreddi Yella Reddy has become the absolute owner of said land and remaining land admeasuring Ac.4-66 cents has been devolved upon Mohan Reddy to an extent of Ac.2-89 cents in Sy.No.

P.Visanatha Reddy to an extent of Ac.0-89 cents and P.Ramchandra Reddy to an extent of Ac.0-89 cents in Sy.No.211-2B situated at Angallu Village, Kurabalokota Mandal, Chittoor District. After that the petitioners approached the Tahsildar, Kurabalokota to issue pattadar passbooks and title deeds in their favour, since Ramachandra Reddy died on 21-10-2017 leaving behind his wife Rukminamma and his children i.e. Krishnaveni and Mohan Reddy, Vishwanath Reddy, Poreddi Yella Reddy, Sakunthalamma as legal heirs to his estate. That the petitioners approached the Tahsildar, Kurabalokota to pay compensation in view of land acquired for the purpose of HNSS canal.

But the Revenue Divisional officer and Special Deputy Collector, HNSS denied to pay compensation in their favour on the ground that said land is recorded as gayalu as per the Sub-Collector, Madanapalli order No.D/2117/1921, dated 15-12-1921. On that the petitioners made an application to the Sub-Collector, Madanapalli about said order, but they were given reply stating that the said order is not available in their records. Again they made a representation on 12-03-2018 to the District Collector to delete the land subject land from the prohibitory list under Section 22-A of the Registration Act and to pay compensation towards the land acquired for HNSS canal. But no order is passed on the same. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

In view of the facts and circumstances of the case, without expressing any opinion on merits, the writ petition is disposed of directing the 2nd respondent is directed to consider the representation made by the petitioners in accordance with law and take action within a period of two months from the date of receipt of a copy of this order. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 06-12-2018 Nvl