V.S.S.Prasad, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.42899 OF 2017 ORDER:
The petitioners claim that an extent of Acs.0.75 cents of land each in Survey No.204-2D situated at Z-Rangampeta, Gandepalli Mandal, East Godavari District, was purchased by them from one Kotta Venkateswarlu and Veera Venkata Siva Prasad by registered sale deed dated 04.12.1971, which was registered on 04.01.1972. After purchase of the said property, they submitted applications to the fourth respondent for mutating their names on 11.05.2017 and 17.05.2017. When there was no response from the fourth respondent, they verified through Meseva on 12.12.2017 and found that the said survey number belongs to LCC and issue is pending before RDO's Court. No official communication was communicated to the petitioners giving details enabling the petitioners to take appropriate action in accordance with law.
It is their further case that the vendor's name was incorporated in 1-B Register stating that he is the owner of an extent of Acs.10.20 cents in Survey No.204-2D and in those circumstances only, they purchased the land. Challenging the rejection of their applications by the fourth respondent, the present writ petition is filed.
The learned Government Pleader, on the basis of the written instructions, submits that Kotta Venkateswarlu was having ceiling surplus land and against the proceedings of the Land Reforms Tribunal, he preferred an Appeal and the Appeal was dismissed and he lost his case upto Supreme Court. Learned counsel for the petitioners submits that in view of purchase of Acs.0.75 cents each by the petitioners and in the absence of any reasons given by the
fourth respondent for rejecting their applications, it cannot be said that the land purchased by them is a ceiling surplus land. In the circumstances, the writ petition is disposed of directing the fourth respondent to communicate a copy of the order giving reasons for rejection of the mutation, pursuant to the applications of the petitioners dated 11.05.2017 and 17.05.2017, within a period of two weeks from the date of receipt of copy of this order. After receipt of the reasoned order, it is open to the petitioners to take appropriate action in accordance with law.
Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs. __________________________ A.RAMALINGESWARA RAO, J 29.01.2018 pln