Andhra Pradesh High Court - Amravati
K Srinivas Rao And 49 Others vs Prl.Secretary Reveneue And 5 Others on 27 September, 2022
HON'BLE SRI JUSTICE NIMMAGADDA VENKATESWARULU
WRIT PETITION No.43791 of 2016
ORDER:
On 16.09.2022 the matter was directed to be posted on 21.09.2022 under the caption 'for orders'. On 21.09.2022 the matter was directed to be posted today i.e., 27.09.2022. But, even today there is no representation on behalf of the petitioner.
Heard learned Government Pleader for Irrigation as well as the learned Government Pleader for Revenue for respondents.
The present writ petition is filed declaring the action of the respondents in interfering with the possession of the petitioners land in Sy.No.955 as illegal and arbitrary.
It is the case of the petitioners that the petitioners and their predecessors were issued Eksal Pattas in the year 1993. Thereafter, that patta has been renewed and extended from time to time and they have been in possession and enjoyment of the said Patta. It is further submitted without following due procedure their possession cannot be interfered by the respondent authorities.
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On the other hand, the learned Government Pleader for Irrigation and Revenue would submit that admittedly the subject property in which the petitioners are claiming rights are notified as Kunta. The granting of pattas in respect of kuntas and water bodies is itself illegal. Even though, they were genuinely given Eksal pattas in favour of petitioners cannot be continued and liable to be cancelled after following procedure as contemplated for such cancellation.
The petitioner has also filed an order of this Hon'ble Court in Writ Petition No.24724 of 2012 dated 09.08.2012 wherein this Hon'ble High Court of Andhra Pradesh was pleased to pass an order dated 09.08.2004. It is observed that the land in Sy.No.955 situated at Addanki Village was classified in the revenue records/described as kunta, but the tank is not being maintained. Therefore, the respondents shall not assign any part of the land at kunta in favour of third parties and also directed to restore the said tank.
In view of the directions of this Hon'ble Court dated 09.08.2012 the respondents are in obligation to restore the tank. Accordingly, the respondents are directed to restore the tank after following due procedure and after providing 3 opportunity of hearing to the petitioner within a reasonable time.
Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
_______________________________________ NIMMAGADDA VENKATESWARULU, J Date: 27th September, 2022 RKS 4 HON'BLE SRI JUSTICE NIMMAGADDA VENKATESWARULU WRIT PETITION No.43791 of 2016 27.09.2022 RKS