A special leave petition was closed because the respondent-1 filed a counter affidavit stating that the disputed pattas were cancelled and the land was restored to the petitioner.
Writ petition closed as grievance redressed; no order as to costs.
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HON’BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 6470 OF 2005
ORDER:
1) Writ petition is filed questing the grant of pattas to Respondent Nos. 2 to 7 by the 1st respondent with respect to the land in R.S.No.24 over an extent of Ac.1-72 Cents and R.S. No.25/1 over an extent of Ac.1.10 Cents.
2) As per the averments in the writ petition affidavit, one Koppula Narayana Swamy, grand father of the petitioner was allotted these lands in R.S.Nos.24 and 25/1 of Jainavarigudem Village in the year 1933 and the petitioner being the grandson and legal heir of the said Narayanaswamy is in possession and enjoyment of the land and cultivating the same from time to time. While so, the then Special Deputy Tahsildar (T.W.), K.R. Puram, lodged a case No.S.R.No.232/360223-96 before the Special Deputy Collector (T.W.) K.R. Puram, alleging that the petitioner and his brother are in the possession of the land in contravention of the provisions of the A.P. Scheduled Area Land Transfer Regulations Act 1/1959 (for short “A.P.S.A.L.T.Reg.1/1959”) as amended by Regulation No.1/1970 and sought for eviction of the petitioner. Learned Spl. Deputy Collector (T.W.), K.R. Puram, after elaborate enquiry, by his order dated 13.02.1997, found that the claim of the petitioner was genuine and there is no contravention of Section 31 of A.P.S.A.L.T.Reg.1/1959, as amended by regulation of 1/1970. In spite of the same, the 1st respondent purported to have granted pattas in favour of respondent Nos.2 to 7 on 16.06.2001, and the petitioner came to be aware of the same only on 24.11.2003. Thereafter, the
petitioner approached the 1st respondent and made a representation to cancel the pattas granted in favour of the respondent Nos.2 to 7, and the said representation was made on 26.11.2003. In spite of the same no action was taken and on the contrary respondent Nos.2 to 7 are interfering with the peaceful possession and enjoyment of the petitioner. It is also contended that the 1st respondent was not the competent authority to grant pattas without cancellation of pattas granted in favour of the petitioner, which in fact stands confirmed by the Special Deputy Collector (T.W.), K.R. Puram, by an order dated 18.02.1987.
3) A counter affidavit dated 19.07.2014 has been filed by the 1st respondent, whereunder it has been stated that the then Mandal Revenue Officer of Buttaigudem, has issued D-Form pattas in favour of Respondent Nos.2 to 7 without ejecting the petitioner under Land Transfer Regulations. Noticing the same, the Mandal Revenue Officer of Buttaigudem, on considering the representation of the petitioner had cancelled the D-Form pattas granted in favour of respondent Nos.2 to 7. In the counter affidavit it has been stated that the petition schedule land was restored to the petitioner by conducting panchanama on 11.06.2005, since then the petitioner is in the continuous possession of the schedule land. It is also stated in the counter affidavit that the Pattadar Passbook bearing No.122496 of the petition schedule property was issued in favour of the petitioner.
4) In the light of the statements made in the counter affidavit, the writ petition does not survive as the grievance of the petitioner stands redressed.
5) Accordingly, the Writ Petition is closed as no further
orders required. No order as to costs. Miscellaneous petitions, if any, pending in this Writ petition shall also stand closed.
____________________________ CHALLA KODANDA RAM, J
Date:12.09.2014 Ssv
Petitioner
Respondent Nos. 2 to 7
Respondent 1
Challa Kodanda Ram
As recorded by the court registry
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