Andhra Pradesh High Court - Amravati
Bandarukantha, vs The State Of Andhra Pradesh on 29 July, 2022
Author: D.Ramesh
Bench: D.Ramesh
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THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.15529 OF 2022
O R D E R:-
This petition under Article 226 of the Constitution of India is filed seeking to declare the action of the 5th respondent in not paying the compensation to the petitioners even though 4th respondent gave detailed proceedings 293/2016 on 23.8.2017 to the effect that the late mother of the petitioners Narmala Appalnarsa who is the wife of the original assignee ie., late Narmala Somulu s/o Musali is eligible for payment of compensation for the land in Sy.No.16-2B to the extent of Ac. 5.00 cents situated in Ravipalem Village, Visakhapatnam District as illegal and to direct the 5th respondent to pay compensation to the petitioners for the subject land.
2. The assertions made in the Writ Petition are that the petitioners are absolute owners of the subject property in Sy.No. 16-2B to an extent of Ac. 5.00 cents situated in Ravipalem Village, Visakhapatnam District, having assigned the same originally to the father of the petitioners on 15.11.1975 and upon his demise on 17.8.1995, the said property was devolved to the mother of the petitioners and her name was recorded in the Revenue Records as Narmala Appalnarsa and while digitalizing the revenue records, by mistake the name of their mother was mentioned as Tamaral Ramaswamy, Tamarala Nookalamma and on knowing the same, the petitioners made an application to the respondents on 17.2.2016 for rectification of the mistake. After acquiring the land by the APPSC, the petitioners made several representations to the respondents for mutating the name of the petitioners' mother's. Despite, the respondents have not mutated the revenue records with regard to the subject 2 land and in view of the same, compensation in respect of the land acquired has not been paid. Hence this Writ Petition.
3. After issuing notice, the 4th respondent submitted written instructions to the learned Government Pleader according to which, on verification from the revenue records, ie., Mandal Diglot Register (MDR) of Ravipalem Village, the land in Sy.No.16/2 stands classified as Annadeenam Dry with a total extent of Ac.11.72 cts. Subsequently, D.Pattas were given to an extent of Ac.4.98 Cts., in Sy.No.16/2B to Sri Narmala Somulu S/o Musili. Accordingly, the Tahsildar Atchutapuram Mandal submitted a report vide Rc.No.293/2016/SA dated 28.8.2017 to the Revenue Divisional Officer, Anakapalli to the effect that the then Tahsildar, Atchutapuram issued notices in Form-I & II to both assignee and transferee in respect of the D.Patta land measuring to an extent of Ac.5.00 cts in Sy.No.16/2B of Ravipalem Village, therefore, unless and until the records are mutated in the name of the petitioners, payment of compensation to the petitioners would not arise.
4. The learned counsel for the petitioners filed a memo along with the online applications dated 3.9.2020, 26.2.2021, 26.7.2021 and 15.9.2021 made by the petitioners to the respondents, for mutation and issuance of Title Deed cum E-Passbook.
6. In view of the above circumstances, the respondents are directed to consider the online applications made by the petitioners for mutation and issuance of Title Deed cum E-Passbook in respect land in Sy.No.16-2B to an extent of Ac. 5.00 cents situated in Ravipalem Village, Visakhapatnam District and mutate the names of the petitioners in the Revenue Records, within a period of four weeks from the date of receipt of a copy of this order and thereafter the 5th respondent is directed to consider their case for payment of 3 compensation as per the award passed, within a period of two months thereafter. Accordingly, the Writ Petition is disposed of.
Miscellaneous petitions pending, if any, in this case shall stand closed.
_____________________ JUSTICE D.RAMESH Date : 29.07.2022 PA.
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THE HONOURABLE SRI JUSTICE D.RAMESH 119 W.P.No.15529 of 2022 Date : 29.07.2022 PA.