Disposed

K.Shankaraiah v. The Government of Andhra Pradesh, rep. by Its Secretary

Telangana HC4 Sept 2013WP/23875/2013

Case brief

AI extract

What is this about?

The court directed the Revenue Department to examine the petitioner's application for pattadar pass books and title deeds, hold an enquiry, and communicate a decision within two months, quashing the writ petition as disposed of thereafter.

What did the court decide?

Direction to respondent to examine the application, hold an enquiry and communicate the decision within two months.

K.Shankaraiah Vs The Government of Andhra… — Pension and Retirement Benefits | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.23875 of 2013

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Dated 0 4 th September, 2013

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Between: J.Shankariah

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…Petitioner

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and

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The Government of Andhra Pradesh, rep.by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others

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…Respondents

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Counsel for the petitioner: Sri M.Adam

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Counsel for the respondents: AGP for Revenue

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The Court made the following:

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ORDER:

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This writ petition is filed for a mandamus to declare the inaction of respondent No.4 in issuing pattadar pass books and title deeds in respect of the lands admeasuring Acs.3.30 guntas in Survey No.165; Ac.1.37 guntas in Survey No.167; Acs.5.19 guntas in Survey No.168 and Acs.2.29 guntas in Survey No.169 of Ailapur Village, Patancheru Mandal, Medak District (for short ‘the subject lands’) as illegal and arbitrary. The petitioner pleaded that he has purchased the subject lands under unregistered document, dated 01.01.1978, from its lawful owner and that in recognition of his possession, his name was entered in possession column in the pahani for the year 1980-81. The petitioner further pleaded that he has received notice of respondent No.2 on 02.12.2003 and accordingly he has appeared before the Joint Collector on 16.12.2003 with relevant documents.

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The grievance of the petitioner is that even though more than ten years had elapsed, no action for grant of pattadar pass books and title deeds was taken, that a detailed representation was made by him on 06.07.2013 to respondent Nos.2 and 4 for issuance of pattadar pass books and title deeds and that no action has been taken thereon.

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As the notice issued by respondent No.2 contains reference to the judgment, dated 04.07.2003, in W.A.No.10 of 1998 and batch, this Court has summoned the judgment in the said batch, a perusal of which reveals that a Division Bench of this Court has partly allowed the writ appeal filed against the judgment of the learned Single Judge declaring the title of various private persons in respect of the land admeasuring 496 bigas and 13 bams (equivalent to Acs.369.05 guntas) situated in Ailapur Village. The Division Bench while setting aside the judgment of the learned Single Judge to the extent of declaring that the Government has no title over the land, however issued various directions. The Division Bench also left it open to the Joint Collector to initiate fresh proceedings on the strength of the various allegations and issue notice to the parties in possession of the properties to examine whether proceeding, dated 19.05.1982, was vitiated by fraud and misrepresentation.

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The learned Assistant Government Pleader for Revenue is unable to state whether any decision was taken by the Joint Collector after the said judgment was rendered. However, it is the pleaded case of the petitioner that after his appearance before the Joint Collector on 16.12.2003 in pursuance of the proceedings, dated 02.12.2003, no further development has taken place.

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In the light of these submissions, respondent No.4 is directed to examine the application of the petitioner for issuance of pattadar pass books and title deeds, hold an enquiry and take a decision thereon. The decision so taken by respondent No.4 shall be communicated to the petitioner within a period of two months from the date of receipt of a copy of this order.

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

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As a sequel to disposal of the writ petition, W.P.M.P.No.29353 of 2013 shall stand disposed of as infructuous.

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C.V.NAGARJUNA REDDY, J

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04^th September, 2013

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VGB

K.Shankaraiah v. The Government of Andhra Pradesh, rep. by Its Secretary

Case brief

What is this about?

What did the court decide?

K.Shankaraiah v. The Government of Andhra Pradesh, rep. by Its Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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