Andhra Pradesh High Court - Amravati
Kolla Krishnaiah, Kadapa Dist vs Prl Secy, Rev Dept, Hyd 4 Others on 6 January, 2022
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.3371 of 2014
ORDER:
This writ petition is filed to 'declare the inaction of the 3rd respondent in not changing the entry in DKT patta in respect of land in S.No.84/2 extent Ac.1.00 instead of S.No.84/1 extent Ac.1.00 which was assigned to the petitioner in spite of the letter of the 4th respondent dated 02.12.2013, as illegal and arbitrary'.
Case of the petitioner is that, he is a landless poor person and upon his representation, the then Mandal Revenue Officer, Rajampet, after conducting due enquiry, assigned the land in Sy.Nos.89/2, 84/1 and 151/2 admeasuring Ac.0.15 cents, Ac.1.00 and Ac.2.76 cents situated at Brahmanpally village and to that effect a D-form patta was also issued to him vide DKT No.348/97 dated 23.04.1987 and delivered vacant physical possession of the said lands to him and the revenue authorities also issued the pattadar pass book and title deeds in his favour and since then he has been in possession and enjoyment of the same; subsequent to the issuance of D form patta, the sub divisions have not been incorporated in the village Account No.3 adangal and due to improper conduct of survey while delivering the possession, he was put in possession in respect of the land in Sy.No.84/2 instead of Sy.No.84/1; government has constructed Indiramma houses in his adjacent survey number, which is Sy.No.84/1 and later he came to know about putting him in possession in wrong survey number i.e., 84/2 instead of 84/1; he submitted an application before the 4th respondent, who in turn conducted detailed survey with the assistance of the 5th respondent and came to know about the said mistake and prepared a report for revision of the sub-division record as per his enjoyment; later the 4th respondent vide his letter dated 02.12.2013 addressed to the 3rd respondent with a request to change his DKT land in S.No.84/2 instead of 84/1, but no action has been taken by the 3rd respondent on the letter dated 02.12.2013 of the 4th respondent. Hence, the writ petition.
No counter-affidavit is filed by the respondents, even though the matter pertains to the year 2014.
When the matter listed on 23.12.2021 and 04.01.2022, learned Government Pleader sought time to get instructions in the matter but he did not receive the same. In the letter addressed by the Tahsildar, Rajampet to the Sub Collector, Rajampet dated 02.12.2013, he stated as follows:
"I have inspected the DKT land in S.No.84-1 extent 1.00 acre and S.No.84-2 extent 1.00 acre of Brahmanapalli village, along with Mandal Surveyor and VRO, Brahmanapalli village. As seen from the village accounts and FMB, the land in S.No.84 total extent is 3.70 acres of Brahmanapalli village has been sub-divided as S.No.84-1 extent 1.00 acre and S.No.84-2 extent 2.70 acres and the sub division has been pre-scrutinized by the Deputy-Inspector Survey and Land Records, Rajampet on 22.12.1988.
S.No.84/1 extent 1.00 acre covered with residential houses constructed under Indiramma Housing Programme and S.No.84/2 under enjoyment of the applicant and some other persons as detailed below.
S.No.84-2 extent Ac.2.70 cents (1) 0.86 cents Anjaneya swamy temple; (2) Ac.1.00 Kolla Krishnaiah S/o Venkata Subbaiah (3) 0.84 cents P.Vishwavardhan S/o P.V. Ramana.
I therefore request that necessary orders may be issued with regard to change the DKT land in S.no.84/2 extent 1.00acre instead of S.No.84/1 extent Ac.1.00 acre, which was already assigned in favour of Kolla Krishnaiah S/o Venkata Subbaiah of Brahmanapalli village."
In view of the facts and circumstances, if no action has been taken by the 3rd respondent pursuant to the letter dated 02.12.2013 of the 4th respondent, the 3rd respondent is directed to examine the issue if not already examined and take appropriate action, as expeditiously as possible and communicate the same to the petitioner.
The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J Date: 06.01.2022 BSS HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.3371 of 2014 45 Date: 06.01.2022 BSS