L RAMESH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned Counsel for the parties.

(2.) This writ petition is filed for a mandamus to declare the action of Respondent No. 2 in rejecting the Petitioners' request for grant of Patta Land Certificate under the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948; cancelling the pattadar pass books issued in their favor in purported exercise of power under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and also directing Respondent No. 4 to correct the Village Accounts duly making entries in the Prohibitory Order Book in respect of the subject lands and to take possession of the same immediately, as arbitrary, illegal, improper, unjust and in violation of the provisions of the Acts and the principles of natural justice.

(3.) In the manner, in which, this case is proposed to be disposed of, it is not necessary to record the facts in great detail. It will suffice to note that an extent of Acs.25.00 of land in Survey Nos. 167 to 170 of Erragunta Village and in Survey Nos. 340 to 342 of Karakambadi Village of Renigunta Mandal, are covered by rough pattas. The Tahsildar, Renigunta, i.e., Respondent No. 4, has issued certificates to the effect that they are Dry Patta Lands, as per fair Adangal Register of Karakambadi and Erragunta Villages. In the survey operations held in the year 1961, the land was classified as 'rythu-layak-punja' and 'Karakambadi Cheruvu Neeti Mumpu'. The Petitioners have purchased these lands from the original owners and obtained provisional layout permission for conversion of the lands into house sites. At that stage, Respondent No. 3 issued show-cause notice, dated 02.08.2005. On receipt of explanation, he has passed order, dated 15.09.2005, wherein it is stated that in view of the technical opinion given by the Executive Engineer and having regard to the explanations offered by the Petitioners, the show-cause notice is rescinded, under benefit of doubt, with a direction not to interfere with the water course. Later on, the Petitioners received a notice from the District Revenue Officer calling upon them to appear before the Joint Collector on 01.12.2008 at 11.00 am with all documents.