Citation : 2021 Latest Caselaw 2459 AP
Judgement Date : 19 July, 2021
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON No. 13762 of 2021
O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of
India seeking to issue a writ of Mandamus for the following relief:
"to declare the action of the respondents in not considering and dispose of the petitioner's representation dated 22.09.2020 as illegal and arbitrary and consequently, direct the respondents to issue patta to the land admeasuring Ac.1.00 cents in RS No.868/2 situated at Sivapuram village, H/o.Chintalapudi Mandal, West Godavari District and consequently, direct the respondents to issue patta to the land admeasuring Ac.1.00 cents in RS No.868/2 situated at Sivapuram village, H/o.Chintalapudi Mandal, West Godavari District and issue patta to the said land by taking into consideration of Judgment in LRAC No.2483/1977, dated 17.5.1980."
The brief facts of the case are that after commencement of the
Andhra Pradesh Land Ceiling Agricultural Land Holdings Act 1 of 1973, the
petitioner's father submitted declaration before the competent authority
vide LCC No.125/CTP/75 for determining the standard holding, as per
which, the petitioner's family was in possession and enjoyment of
Ac.48.68 cents. It is stated that the Land Reforms Tribunal No.II, West
Godavari District at Eluru passed Judgment dated 25.10.1977 holding
that the petitioner's father has 0.2344 units in excess of the maximum
ceiling limit. Aggrieved by the same, the petitioner's father filed an
appeal before the Land Reforms Appellate Tribunal-II, West Godavari
District, Eluru, wherein the tribunal vide Judgment dated 17.05.1980
passed in LRA No.2483/1977 partly allowed the appeal. It is submitted
that narrating the facts and circumstances, the petitioner submitted a
representation dated 22.09.2020 to the respondents 2 to 4 and requested
to conduct proper enquiry and allot the said land to the petitioner on
payment of basic market value of the subject lands in four instalments
and to issue pattadar pass book. The grievance of the petitioner is that
the said representation is pending consideration before the authorities
and till date no orders are passed.
Heard Sri Ch.Srinivas, learned counsel for the petitioners and the
learned Assistant Government Pleader for the Revenue appearing for the
respondents.
During hearing, learned counsel for the petitioners restricted the
prayer requesting a direction to the respondent authorities to dispose of
the representation pending with the respondent authorities.
Learned Assistant Government Pleader for Revenue gave conceded
to the said request and submits that if a direction is given to the
respondent authorities, they will consider and dispose of the petitioners'
representation in accordance with law.
Having regard to the facts and circumstances of the case and
considering the request of the learned counsel for the petitioners, the
respondent authorities are directed to dispose of the petitioners'
representation, if any pending with the authorities within a period of
four weeks from the date of receipt of a copy of the order.
With the above direction, the writ petition is disposed of at the
stage of admission. No costs.
Miscellaneous petitions pending if any shall stand closed.
________________________________ JUSTICE M.SATYANARAYANA MURTHY 19.07.2021 Mjl/*
HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON No. 13762 of 2021
19.07.2021 Mjl/*
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