HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.16595 of 2009
Date: November 17, 2014
HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.16595 of 2009
O R D E R:
The petitioner prays for Mandamus declaring the action of respondents 2 and 3 in not granting ‘D’ form patta and title deeds to petitioner for the land admeasuring Ac.5.00 in Survey No.32 of Manamala Village, Ozili Revenue Mandal, Nellore District, as arbitrary, illegal and unjust.
2. With the consent of the learned counsel for the petitioner and the learned Government Pleader the writ petition is taken up for final disposal.
3. The subject matter of the writ petition is Ac.5.00 in Survey No.32 of Manamala Village, Ozili Revenue Mandal, Nellore District. The case of the petitioner is that he has been in possession and enjoyment of petition land for over four decades and the 3rd respondent through proceedings L.Dis.280/99 dated 21.06.1999 permitted the petitioner to continue to enjoy the property. The case of the petitioner is that he is entitled for grant of a regular ‘D’ form patta and issuance of pattadar passbook and title deeds. While the issue is not considered for grant of patta, the petitioner is not in a position to protect his possession from third parties. Hence, the writ petition is filed for the relief as referred to above.
4. This Court, through order dated 12.08.2009, protected the possession of the petitioner and the same is in force.
5. In the counter-affidavit filed by the respondents they admit the possession of the petitioner through proceedings dated 21.06.1999 and further state that as and when the respondents intend to take possession of petition land, they will follow the procedure stipulated by law. The reason stated for not granting ‘D’ form patta is that the petition land is classified as ‘Mamidikaluva Poramboke’. The total extent in Survey No.32 is Ac.13.26 and the petitioner is in possession of Ac.5.00 of land.
6. The stand of the respondents is taken on file. The writ petition is disposed of by directing the respondents not to disturb the possession of the petitioner till tenable grounds are available and in accordance with law. As and when explanation is submitted to respondents, the same shall be considered with attendant circumstances and appropriate orders are passed.
7. Pending miscellaneous petitions, if any, shall stand closed in consequence. No order as to costs.
S.V. BHATT, J Date: November 17, 2014. BSB
HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION No.16595 of 2009 Date: November 17, 2014 BSB