In Writ Petition No.33246 of 2011, the court held that petitioners could not insist on separate proceeding for delivery of possession after receiving pattadar passbooks. If resistance occurs, they must initiate proceedings before the concerned court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.33246 of 2011
ORDER:
The petitioners state that they were assigned an extent of Acs.2.00 cents of land each in survey No.557/3 of T. Chowdarivaripalle of B.Mattam Mandal, Kadapa District vide proceedings dated 06-11-2006 by the Tahsildar, B. Mattam Mandal - 2nd respondent herein. It is also stated that they were put in possession and issued were pattadar passbooks and title deeds. Their grievance is that though they were issued pattadar passbooks, some of the villages are taking objection for their cultivation. They seek direction to the respondents to handover the actual possession of the land to them.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3. The petitioners have filed the copies of the orders of assignment. Normally, the possession of the assigned land is delivered, while the orders are handed over. Further, the petitioners were also issued pattadar passbooks. It is only when a person, who claims rights over the land is found to be in possession of the same, that pattadar passbook is issued. The petitioners cannot now insist on separate proceedings of delivery of possession. In case, any person is resisting their cultivation, the petitioners can initiate proceedings before the concerned Court of law or authority.
4. The Writ Petition is, accordingly, disposed of. The miscellaneous petition filed in this writ petition also stands disposed of. There shall be no order as to costs.
____________________ L. NARASIMHA REDDY, J
July 24, 2012. KTL
2 issues framed by the court
Whether petitioners are entitled to separate proceedings for delivery of possession after receiving pattadar passbooks.
Whether direction can be issued to respondents to handover actual possession of land despite objections.
Petitioners
Tahsildar, B. Mattam Mandal
L. Narasimha Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
