AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Sri V. Venkata Mayur, learned counsel appearing for the petitioner and Sri J. Amruth Rao, learned Assistant Government Pleader for Revenue appearing for respondents. Perused the record.
Petitioner is claiming that he is the absolute owner and possessor of land admeasuring Ac.4-08 gts., in Sy.No.477/E situated at Pullur village, Undavelli mandal, Jogulamba Gadwal District. In proof of the same, he has filed copies of old pattedar passbooks and title deeds and latest pahani copies. He sought for issuance of latest pattedar pass books in respect of the subject property and the same was not considered. Therefore, he has filed a writ petition vide W.P.No.17083 of 2022 and this Court vide order dated 06-04-2022 disposed the said writ petition directing the District Collector and the Tahsildar to consider the said request made by the petitioner herein.
In compliance with the said order, respondent No.3 has issued impugned endorsement stating that the entire extent of land admeasuring Ac.17-16 gts., in Sy.No.477 of Pullur village has been sold out previously by his father and other family members and hence there is no land remained for implementation on his name; hence he is not entitled for issue of new digital Pattedar Pass Book. The extent which is found excess against his name is to be deleted and hence, the applications submitted on 18-02-2022 and 14-03-2022 are not considered. He also advised to approach Civil Court.
Referring to the pahani copy for the year 2020-2021 and Dharani status, learned counsel appearing for the petitioner would submit that the said endorsement is contrary to the said record.
However, learned Assistant Government Pleader for Revenue had submitted written instructions of respondent No.3, wherein, it is stated that as per the entries of old ROR of Pullur village land in Sy.No.447 admeasuring Ac.17-16 gts., is patta land in nature and Sri.Golla Marenns, S/o.Mugenna was the pattedar and Sri Nese Nagappa, S/o.Basappa and 7 others are the cultivators over the said land by way of purchase through registered sale deeds / simple sale deeds. It is further mentioned that the land to an extent of Ac.4-08 gts., in Sy.No.477/ ఈ is recorded in the name of the petitioner, but not digitally signed and marked as excess extent in Dharani which is to be deleted soon after receipt of the appropriate option from the Government. Petitioner herein is not having any land and possession in the subject survey number and the endorsement issued to the petitioner is correct.
Thus, the afore-stated facts would reveal that the stand taken by respondent No.3 is contrary to the endorsement and the written instructions dated 11-03-2023 and also the record. Thus, the impugned endorsement is not on consideration of entire facts and record. In view of the same, this Court is inclined to set aside the impugned endorsement dated 23-05-2022 and accordingly it is set aside. Matter is remanded back to respondent Nos.2 and 3 with a direction to consider the aforesaid application submitted by the petitioner afresh and pass appropriate orders by putting the petitioner and all affected parties on notice and affording them an opportunity of hearing. If respondent Nos.2 and 3 are not inclined to accept the claim/ request of the petitioner, they shall assign specific reasons, pass a reasoned order and shall communicate copy of the said order to the petitioner. Liberty is also granted to respondent Nos.2 and 3 to seek further information, if any, from the petitioner and the persons mentioned in the impugned endorsement and written instructions. They shall complete the entire exercise within a period of eight (8) weeks from the date of receipt of a copy of this order.
Accordingly, this writ petition is disposed of. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.