KATIKALA SHANKARAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition has been filed by Katikala Shankaraiah assailing the order dated 7.9.2007 vide Proceedings No.D/3780/2007 issued by the Tahsildar, Maheswaram Mandal, Ranga Reddy District-2nd respondent.

(2.) THE petitioner claims that his father Katikala Balaiah was owner and possessor of land bearing Survey No.46 admeasuring Ac.1.11 gts.; Survey No.47/A admeasuring Ac.1.10 gts. and Survey No.48 admeasuring Ac.1.14 gts., situated at Tumuluru Village. Late Balaiah obtained certificate under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, (for short 'the Act'), in the year 1975. According to the petitioner, while updating the entries in the revenue records, the name of Katikala Samaiah has been wrongly mentioned. THErefore, he made an application to the authorities on 27.4.2004 for rectification of the entries in the revenue records. THE Tahsildar, Maheswaram Mandal-2nd respondent called for a report from the Secretary, Gram Panchayat and also directed the Mandal Revenue Inspector to conduct local enquiry and submit a report. THE Mandal Revenue Inspector conducted enquiry and submitted report on 5.6.2004. THE 3rd respondent having received the report, according to the petitioner, did not choose to take any action. THEreupon, the petitioner made an application on 5.9.2007 to the Tahsildar, Maheswaram Mandal-2nd respondent to delete the name of Katikala Samaiah from the revenue records. He also made an application to the Collector, Ranga Reddy-1st respondent on 14.10.2007 and thereupon, the 1st respondent directed the Tahsildar, Maheswaram Mandal-2nd respondent, to conduct a detailed enquiry and submit a report. THE Tahsildar, Maheswaram Mandal-2nd respondent in turn directed the petitioner to appear before him on 3.11.2007 at 2.00 p.m., with all documentary evidence to substantiate his claim. Hence, the writ petition assailing the Proceedings No.D/3780/2007, dated 7.9.2007, issued by the 2nd respondent.

(3.) ONE Dantharamoni Ramulu, one of the GPA holders of respondents 4 and 5, has sworn to the counter-affidavit filed on behalf of the respondents 4 and 5. It is stated in the counter-affidavit that Katikala Samaiah is the son of Katikala Balaiah, who is the holder of Section 38-E of the Act certificate, and from the said Balaiah, Kalikala Samakah acquired the land by way of inheritance. Later on 30.7.2007 Katikala Samaiah died leaving behind the respondents 4 and 5 as his legal heirs. The name of Katikala Samaiah has been shown in the revenue records right from the year 1979 to 2007 and as the said Katikala Samaiah died on 30.7.2007, the respondents 4 and 5 herein made an application for recording their names in the Revenue records in place of Katikala Samaiah. 1 deem it appropriate to refer Para 7 of the counter-affidavit filed by the respondents 4 and 5, which reads as hereunder: