M. Usha Rani, v. The State Of Andhra Pradesh,
HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition Nos.43557 and 43654 of 2017 Common Order:
Since the facts involved in both the Writ Petitions are similar, they are being disposed of by this common order.
W.P.No.43557 of 2017 is filed challenging the endorsement dated 30.07.2016 of the third respondent simply stating as rejected the application filed by the petitioner for mutation and for issuance of pattadar passbooks and title deeds in favour of the petitioner without giving any reasons in respect of the land of an extent of Ac.2-20 cents in Survey No.625/B1, Ac.2-21 cents in Survey No.625/A1 and an extent of Ac.0-40 cents in Survey No.625 of Thavalam revenue village, Nimmanapalle Mandal, Chittoor District.
W.P.No.43654 of 2017 is filed challenging the endorsement dated 01.08.2016 of the third respondent simply stating as rejected the application filed by the petitioner for mutation and for issuance of pattadar passbooks and title deeds in favour of the petitioner without giving any reasons in respect of the land of an extent of Ac.2-00 cents in Survey No.625/B1 and Ac.2-00 cents in Survey No.625/A1 of Thavalam revenue village, Nimmanapalle Mandal, Chittoor District. Now, a counter affidavit is filed stating that the land in Survey No.625 is of an extent of Ac.9-52 cents and is originally classified as 'Vagu Poramboke' as per 'A' Register of Thavalam village. The classification of the said survey number was changed into Kushki. The land was assigned with two conditions; (1) for providing road for passing two cart tracks to a width of 10 links and (2) for providing 10 links for Kalva. The land held by the petitioners is not a private land, but is a Government land. The
petitioners might have purchased the lands from the persons who are not having title. Hence, the applications of the petitioners are rejected. It is also stated that there is a provision for appeal under Section 5(5) of the A.P.R.O.R. Act, 1971.
Learned counsel for the petitioners submits that since no reasoned orders were passed, it is not possible for the petitioners to file appeals against the endorsements, which merely state "rejected". In the circumstances, the Writ Petitions are disposed of directing the third respondent to pass reasoned orders within a period of one week from the date of receipt of a copy of this order in order to enable the petitioners to take appropriate proceedings in accordance with law. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
________________________ A. RAMALI NGESWARA RAO, J Date: 14.02.2018 Nsr