LAWS(APH)-2007-12-4

CHINNAMSETTY MURALI KRISHNA Vs. DISTRICT COLLECTOR KADAPA DISTRICT

Decided On December 27, 2007
CHINNAMSETTY MURALI KRISHNA Appellant
V/S
DISTRICT COLLECTOR,KADAPA Respondents

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner as well as the learned government Pleader for Revenue appearing for the respondents.

(2.) PETITIONER seeks a writ of mandamus declaring the action of the 1st respondent in rejecting the petitioner's revision in his Ref. No. E3/2594/2007, dated 06-08-2007, as illegal, unjust, arbitrary, and contrary to proviso to section 9 and 8 (2) of A. P. Records of Rights in Land Act, 1971 ( for brevity, 'the Act') and consequently set aside the order of the 1st respondent passed in his Ref. No. E3/2594/2007, dated 06-08-2007, with further direction to entertain the revision of the petitioner as per Section 9 of the Act.

(3.) IT is the case of the petitioner that he has purchased an extent of ac. 4. 28 cents of the agricultural land in Sy. No. 608 of Pedapalli village, sidhout mandal, Kadapa District in public auction conducted on behalf of the district Co-operative Central Bank Limited. , Kadapa for Rs. 90,000/- and the sale was confirmed in favour of the petitioner on 26-04-2002. Pursuant to the sale the said land was registered in favour of the petitioner on 22-05-2002. Thus, it is the case of the petitioner that he has got absolute right, title, and possession over the said property. It is stated that the petitioner has obtained permission from the Gram Panchayat, Pedapalli vide its resolution No. 5, dated 30-11-2004, for construction of daba but the 3rd respondent obstructed the construction of the daba and therefore, petitioner filed O. S. No. 25 of 2005 on the file of the Junior Civil Judge, Sidhout against the 3rd respondent-Commandant, XI Battalion, Andhra Pradesh Special Police, bhakarapet, Sidhout mandal for permanent injunction and in the said suit temporary injunction was also granted.