SIKHAKOLLI MAHESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare the inaction of respondent No.3 in taking action on the petitioner's legal notice, dated 29.06.2013, issued for deletion of patta lands in Survey No.90 of Nizampet Village, Qutubullapur Mandal, Ranga Reddy District from the prohibitory list communicated by respondent No.3 to respondent No.4 vide proceedings bearing File No.B/583/2012, dated 17.02.2012.

(2.) The petitioner pleaded that Gandani Sailoo, Gandani Mysaiah and Gandani Ramaiah were the original pattadars of the lands in Survey Nos.90 and 94 of Nizampet Village, that the said pattadars were issued pattadar pass books and title deeds and that Gandani Sailoo and seven others have sold the land admeasuring Ac.1.26 guntas and Ac.0.19 guntas in Survey Nos.90 and 94 in favour of one Ch.Sudhakar Rao through registered sale deed, dated 17.02.1995, that Ch.Sudhakar Rao in turn sold the said land to one R.Srinivasa Rao under registered sale deed, dated 10.02.2005 and that the said R.Srinivasa Rao along with M/s.Sai Vijetha Developers developed a layout and sold the plots to various persons. The petitioner pleaded that he has purchased plot No.33 admeasuring 167 sq.yards in Survey Nos.90 and 94 from the developers through registered sale deed, dated 23.04.2005 and has been in possession of the same. According to the petitioner, the original pattadars have purchased the property in open auction held by the Tahsildar, Medchal under the provisions of the Laoni Rules, 1950 and that while for the year 1965-1966, pahani bears the name of laoni pattadar, the patta certificate could not be traced from the original owners or the subsequent owners.

(3.) The petitioner further pleaded that his predecessor-in-interest and one R.Ramachander Rao, who purchased the land in Survey No.90, filed W.P.No.5439 of 2006 seeking laoni patta certificate and that in the said writ petition, the respondents took the plea that the assignment file was not available and the same will be supplied whenever the file was traced out. That the said writ petition was disposed of by this Court by observing that the grievance of the petitioner was sufficiently redressed. That subsequently patta certificate has not been supplied. When the petitioner approached respondent No.4, he was informed that the land in question is in prohibitory list sent by respondent No.3. Questioning the inclusion of the petitioner's plot in the prohibitory list, he has filed this writ petition.