Andhra Pradesh High Court - Amravati
K Subrahmanyam vs The State Of Ap on 24 October, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.13839 of 2019
Order:
This Writ Petition is filed to declare the action of the second
respondent in not considering the petitioner's representations dated
31.07.2019 and 28.08.2019 requesting to incorporate his name in the
revenue records and for issuance of E-Passbook in his name in the place
of his father as arbitrary and illegal.
The case of the petitioner is that the agricultural lands admeasuring
an extent of Ac.0-74 cents in Survey No.29/3 and Ac.2-65 cents in Survey
No.29/4, totally admeasuring Ac.3-39 cents, of Kurakalava village,
Renigunta Revenue Mandal, Chittoor district were assigned to his father
vide DKT No.331/10/77, dated 24.01.1968 and since then they are in
possession of the same; the petitioner being the only son inherited the
subject property and the revenue authorities have issued ryot passbook
and the Tahsildar also issued enjoyment certificate on 06.05.1986; the
petitioner has approached the revenue officials for incorporation of his
name in the revenue records and issuance of pattadar passbook by way of
written representations; as the same were not disposed of, the present
Writ Petition is filed.
When the matter is taken up for admission, learned Government
Pleader has passed on the written instructions of the Tahsildar dated
21.10.2019, wherein it is stated that the subject land is classified as AWD
and later one M. Venkata Krishnaiah, S/o Ramaiah was granted DKT patta
vide DKT No.833/4, dated 03.04.1969 for the land in Survey No.29/3
admeasuring Ac.1.12 cents and R. Muthuswamy was granted DKT patta
vide DKT Patta No.628/4, dated 28.03.1969 for the land in Survey
No.29/4 admeasuring Ac.2.77 cents under usual Darkasth Rules and as
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per G.O.Ms.No.1142, Revenue Department, dated 18.06.1954. It is
further stated that contravening the conditions, the assignees have
alienated the lands to the third parties and in view of the same, notices
have been issued and the land was resumed to the Government and
subsequently landless poor persons were granted house site pattas in
Survey No.29/3 for an extent of Ac.1.12 cents in the year 2014. It is
further stated that the petitioner's father never granted DKT patta in
Survey No.29/3 and 29/4, hence the request of the petitioner cannot be
considered.
Having regard to the facts and circumstances of the case, without
going into the merits of the case as to whether the petitioner's father was
granted DKT patta or not, since the representation of the petitioner dated
28.08.2019 is pending before the second respondent, the second
respondent is directed to dispose of the same by passing a reasoned order
in accordance with law as expeditiously as possible and communicate the
same to the petitioner.
The Writ Petition is, accordingly, disposed of. There shall be no
order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in
this Writ Petition shall stand closed.
_____________________________
KONGARA VIJAYA LAKSHMI, J.
Date: 24.10.2019 Nsr 3 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.13839 of 2019 Date: 24.10.2019 Nsr