Andhra Pradesh High Court - Amravati
Duvvi Ramu Duvvi Ramulu vs The State Of Andhra Pradesh on 2 March, 2022
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.5073 of 2022
ORDER:
The petitioners seek writ of mandamus declaring the action of the respondents in not correcting the wrong entries made in the revenue records in respect of land admeasuring Acres 28.18 cents situated in Survey No.31 of Cheemalapalli Village, Pendurti Mandal, Visakhapatnam District and not entering the names of the petitioners against those lands as illegal, arbitrary and for a consequential direction.
2. The petitioners case succinctly is thus:
(a) Originally the subject land was given to one Majji Ramanna as Kattubadi Inam by the then Vizianagaram Maharaja long back. While conducting Gillman's survey during 1903-05, the said Majji Ramanna was identified and authorized as owner of the said land and his name was also recorded in the A - Register of Vizianagaram Estate, which confirms that he had permanent occupancy rights against the said land. In the year 1949, the land owner Majii Ramanna sold the above-
mentioned land to ancestor of petitioners by name Duvvu Ramudu of Porlupalem Village. Ever since, his name was recorded in 10(1) Adangal of Vizianagaram Estate.
(b) While so, the 5th respondent furnished information to the Joint Collector, Visakhapatnam, for the proposed acquisition of lands in Survey Nos.16 to 20, 23, 24, 27 and 31 situated in Cheemalapally 2 Village in favour of A.P.Housing Board and Defence Department vide Lr.A.I.A.C.55/77-B, dated 20.01.1994. In the said letter also Duvvu Ramudu was shown as Pattadar of the land in an extent of Acres 28.18 cents in Survey No.31 and the said land was shown as Patta land.
(c) While so, in the month of January 2021, when the petitioners are working in the above said land, some persons came there and disclosed themselves as the persons belonging to Endowments Department and demanded the petitioners to vacate the land stating that the said land belongs to Sri Varaha Lakshminarasimhavari Devasthanam Simhachalam. Then, the petitioner filed RTI application before the revenue authorities and they supplied proceedings in A.I.A.No.55/77B, dated 06.09.1996 issued by the Mandal Revenue Officer, Pendurthi and also Ryotwari Patta issued in favour of the above said Devasthanam in respect of the lands situated in Cheemalapally Village. Then only the petitioners came to know that in the year 1996, the Mandal Revenue Officer through proceedings in A.I.A.No.55/77B, dated 06.09.1996, issued Ryotwari Patta in favour of the above said Devasthanam in respect of the lands situated in Cheemalapally Village. In the said proceedings, the land admeasuring Acres 28.18 cents in Survey No.31 was shown against S.No.14. In the said proceedings, Ryotwari Patta was also issued in Form - VIII in favour of the above said Devasthanam in respect of the said land pending resurvey of the lands in the Cheemalapally Village. It is submitted that the subject land belongs to the petitioners and the 3 revenue records also show their names, however, 5th respondent erroneously issued Ryotwari Patta in the name of the above said Devasthanam. The said alteration was made without issuing any notice to the petitioners and conducting any enquiry. Therefore, the petitioners made representation dated 21.01.2022 to the 5th respondent bringing to his notice about the true facts and requested him to delete the wrong entry as stated supra and give an opportunity to the petitioners to submit true facts. However, no action has been taken by the 5th respondent for correcting the entries in respect of the subject land.
Hence, the writ petition.
3. Heard learned counsel for petitioners, Sri Ravi Kondaveeti and learned Assistant Government Pleader for Revenue representing on behalf of the respondents and with their consent this writ petition is disposed of at the admission stage.
4. Since the representation dated 21.01.2022 said to be submitted by the petitioners to the 5th respondent and copies to the respondents 3 and 4, learned Assistant Government Pleader would submit that a direction may be issued to the 4th respondent to conduct a regular enquiry and pass an appropriate order.
5. In that view, this writ petition is disposed of directing the 4th respondent to consider the representation dated 21.01.2022 said to have been submitted by the petitioners to the 5th respondent and copies to the respondents 3 and 4 and after affording a notice to the 4 petitioners as well as Sri Varaha Lakshminarasimhavari Devasthanam, Simhachalam, Visakhapatnam District and all other concerned and conduct a regular enquiry by giving an opportunity of hearing to all concerned and pass an appropriate order in accordance with the governing law and rules expeditiously but not later than twelve weeks from the date of receipt of a copy of this order and communicate to the petitioners. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 02.03.2022 Note: issue C.C. by 15.03.2022.
B/o.SS/chd