JASTI PURNA CHANDRA LAKSHMI SUJATHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner purchased a plot of 164 square yards in R.S.No.171 of Vatluru Village, Peddapadu Mandal, West Godavari District, through a sale deed, dated 07.03.2009. Her vendor in turn purchased that plot through sale deed, dated 09.07.2007. It is stated that when the 5th respondent sought to interfere with the possession of the petitioner over the said land, she filed O.S.No.37of 2010 in the Court of I Additional Junior Civil Judge, Eluru and in I.A.No.40 of 2010 filed under Order 39 Rules 1 and 2 C.P.C., the trial Court passed an order of ad interim injunction on 25.01.2010.

(2.) The Tahsildar, Peddapadu Mandal, 3rd respondent herein executed a deed of cancellation on 27.01.2011 vis--vis the said plot. Reference was made in that deed of cancellation to an order, dated 26.01.2011 passed by the District Collector, West Godvaari District, 1st respondent herein. In that order, the 1st respondent took note of the fact that patta was granted in respect of an extent of Ac.0.21 cents of land in R.S.No.171 in favour of Field Labour Cooperative Society, Vatluru by the Settlement Officer and on finding that the Society violated the conditions of patta, the Revenue Divisional Officer, Eluru, 2nd respondent herein passed orders cancelling the patta, through proceedings, dated 19.08.2009. That was followed by the change of classification of the land and restoration of the same to the Government. The 1st respondent directed the 4th respondent to execute a deed of cancellation in respect of the said land as per Rule 26 of the A.P. Rules framed under the Registration Act. The petitioner feels aggrieved by the order, dated 26,01,2011 and other consequential proceedings.

(3.) The 5th respondent filed a counter affidavit, stating inter alia that he is in possession of the land referred to above and on a representation made by him, for regularization of the said land, the proceedings referred to above have been issued and the steps for regularization are pending.