Dismissed

Smt. K.Nagamanemma v. State of Telangana

Telangana HC9 Aug 2017WP/26492/2017

Case brief

AI extract

What is this about?

This single bench dismissed a writ petition in limine challenging dispossession of assigned house plots. The court held that if revenue registers do not confirm assignment, the claim cannot succeed and directed parties to pursue the claim through Tahsildar proceedings if valid pattas exist.

What did the court decide?

Writ petition dismissed in limine. Petitioners directed to appear before the 4th respondent (Tahsildar) with relevant material if they possess valid pattas.

Smt. K.Nagamanemma Vs State of Telangana — Land Acquisition | Telangana HC (2017)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.26492 OF 2017

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DATED : 09.08.2017

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Between :

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K.Nagamanemma W/o.Jayaramaiah, Aged 50 yrs, Plot No.1, Chitvel Road, Rly. Kodur Town, presently R/o. Gandhamvaripalli Village, Obanapalli Post, Rly. Kodur Mandal, YSR Kadapa District & others.

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.. Petitioners

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And

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The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Revenue, Secretariat, Velagapudi, Amaravati & others.

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.. Respondents

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This court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.26492 of 2017

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ORDER :

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Heard.

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Petitioners claim that Plot Nos.1 to 7 admeasuring 0.02 ½ cents, 0.02 ½ cents, 0.02 1/3 cents, 0.02 1/3 cents, 0.02 1/3 cents, 0.02 1/3 cents and 0.03 1/3 cents respectively, in Sy.No.51B situated at Chitvel road Railway Kodur town and Mandal, YSR Kadapa District, were assigned to them on 10.02.1996. While so, the respondents are now trying to dispossess the petitioners from the said assigned house plots without following the due process and if the petitioners are dispossessed, grave prejudice would be caused to them.

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The Tahsildar, Railway Kodur Mandal, YSR Kadapa District, vide his letter reference B/148/2017 dated 08.08.2017 addressed to the learned Government Pleader (A&R), states that DKT Register did not disclose granting of such assignment as claimed by the petitioners. According to the Tahsildar, the concerned survey number was originally classified as River poromboke and later converted as Revenue poromboke and large extent of land was given to APSRTC for construction of boarding and alighting point with bus shelter, the same was completed and a road was also formed.

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If what is stated by the Tahsildar is true, it goes to the root of the matter. Petitioners cannot claim based on fictitious pattas stated to have been granted to them. This Court is therefore, not inclined to entertain the writ petition.

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Writ Petition is accordingly, dismissed in limini. However, it is needless to observe that if the petitioners are really having the assigned pattas in their favour and the pattas they rely upon are validly granted to them, it is open to them to appear before the Tahsildar, Rly Kodur, YSR Kadapa District (4^th respondent) with all the relevant material in their support and on such appearance and submission of applications, the 4^th respondent shall examine the claim of the petitioners notwithstanding dismissal of the writ petition. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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__________________
P.NAVEEN RAO,J
09 th August, 2017
Rds

Smt. K.Nagamanemma v. State of Telangana

Case brief

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Smt. K.Nagamanemma v. State of Telangana

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