Disposed

Kanumuri Bharathi W/o Krishnam Raju, v. The State of Andhra Pradesh

Telangana HC12 Sept 2013WP/19420/2012

Case brief

AI extract

What is this about?

This writ petition concerned the refusal to issue pattadar pass books due to alleged loss of records regarding cancelled land assignments. The court directed initiation of an enquiry and disciplinary action to trace records, then disposed of the petition as infructuous upon compliance with directions regarding urgent work schedules.

What did the court decide?

Way to dispose of the petition as the petitioners application for issue of Patta was pending before respondent no 5]

Kanumuri Bharathi W/o Krishnam Raju, Vs The State of… — Property and Title | Telangana HC (2013)

¶1

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.19420 of 2012

¶2

Dated 1 2 th September, 2013

¶3

Between: Kanumuri Bharathi and others …Petitioners and State of Andhra Pradesh, rep.by its Principal Secretary, Revenue, Secretariat Buildings, Saifabad, Hyderabad and others

¶4

…Respondents Counsel for the petitioners: Sri Y.Srinivasa Murthy Counsel for the respondents: AGP for Revenue

¶5

The Court made the following:

¶6

ORDER:

¶7

The grievance of the petitioners is that their representation made on 10.11.2011 for issue of pattadar pass books and title deeds under the A.P.Rights in Land and Pattadar Pass Books Act, 1971 are not being considered. In the light of the innocuous relief claimed by the petitioners, it is not necessary for this Court to refer in detail to the rival pleadings of the parties. However, it will suffice to indicate the stand taken by the respondents in the counter affidavit in brief.

¶8

It is the pleaded case of the respondents that the petitioners/their family members were granted assignment of the subject lands and that those assignments were cancelled. It is their further case that except pahanies, wherein endorsements have been made regarding the cancellation of assignments, the records containing the proceedings pertaining to cancellation of assignment are not available. The respondents further averred that the applications filed by some of the petitioners and their predecessors-in-interest under Section 11(a) of the A.P.Abolition (AA) of Estates and Conversion into Ryotwari Act, 1948 were dismissed and the appeal and revision petitions filed against the said orders have been rejected.

¶9

At the hearing, the learned Assistant Government Pleader for Revenue (AA) submitted that consequent upon the cancellation of the assignments in favour of the petitioners, the subject lands were handed over to various agencies.

¶10

As noted hereinbefore, since the applications of the petitioners for issue of pattadar pass books and title deeds are pending before respondent No.5, it is not appropriate for this Court to render conclusive findings on the above issues. However, it needs to be observed that assertion of the rights of the petitioners as assignees stands on a different footing, from the claim for grant of ryotwari patta. Even if their applications for grant of ryothwari patta is rejected, they can still assert their rights under the assignments which were admittedly made to them, so long as such assignments exit and they are not cancelled. The burden lies on the revenue department to make good its stand that the assignments granted to the petitioners were cancelled to deny the claim of the petitioners for grant of pattadar pass books and title deeds.

¶11

This Court is unable to countenance the plea of the respondents that the relevant record pertaining to cancellation of assignment is misplaced. Respondent No.3 is directed to initiate an enquiry into this aspect and take appropriate disciplinary action against the officers, who are responsible for misplacement of the records. He shall also ensure that the misplaced record is traced and made available before respondent No.5 to enable him to consider the pending representation of the petitioners for issue of pattadar pass books and title deeds. This process shall be completed within a period of two months from the date of receipt of a copy of this order. Within two months thereafter, respondent No.5 shall hold an enquiry and take appropriate decision on the representation of the petitioners for grant of pattadar pass books and title deeds.

¶12

Subject to the above directions, the writ petition is disposed of.

¶13

As a sequel to disposal of the writ petition, W.P.M.P.No.24880 of 2012 and W.V.M.P.No.3814 of 2012 shall

¶14

stand disposed of as infructuous.

¶15

C.V.NAGARJUNA REDDY, J

¶16

12^th September, 2013 VGB

Kanumuri Bharathi W/o Krishnam Raju, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kanumuri Bharathi W/o Krishnam Raju, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt.Hashmath Bee, Vs The Tahsiidar

Pangi Pandurangaswami Vs District Collector

A.P.NGOs Association, Vs he Govt. of A.P.

K.J.Natrajan Vs Sub Collector

Chittboina Hari, Vs The State of Andhra Pradesh Rep. by its District Collector

The Twin Cities A.P. Govt. Drivers Central Association Vs P.K.Mohanthi, I.A.S.