HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.30284 OF 2012 Date: 23.09.2014 Between :
Daggupati Chenna Keshava Rao, s/o. Laxminarayana Chowdary, R/o. Malavya Nagar, Guduru, Potti Sreeramulu Nellore District and The Government of Andhra Pradesh, Rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
… Petitioner … Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.30284 OF 2012 The case of the petitioner is that he was holding an extent of Ac.11.83 cents of agricultural land in Sy.No.475/1B of Adivi Village of Bapatla, in excess of his family holdings as per the provisions under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short, ‘the Act’). Petitioner has surrendered the excess land he was holding and certificate dated 24.09.1990 was issued by the Revenue Divisional Officer, Ongole, as proof of such surrender made and petitioner also gave a declaration that no surplus land was held by the petitioner. He is entitled to payment of amount on the said land surrendered by him. Inspite of several requests made, so far amount is not paid. Hence, this writ petition.
2. Counsel for the petitioner refers to correspondence between the Revenue Divisional Officer, Ongole and Sub-Collector, Tenali on 28.02.1996 in support of his claim and contends that even by 1996, the Revenue Divisional Officer sought to elicit information from the Sub-Collector to furnish the information as requested as declarant is pressing for payment of amount. Counsel for the petitioner submits that so far the issue is not finalized and the amount which petitioner is entitled in accordance with Section 15 of the Act has not been paid. Learned counsel submits that according to Section 16 of the Act, petitioner is entitled to an opportunity of hearing on the amount payable under Section 15 and so far no such notice was issued to the petitioner.
3. Having regard to the submissions made, the writ petition is disposed of, without expressing any opinion on merits, directing the 3rd respondent to examine the issue and if no amount was paid earlier or the claim of the petitioner is valid, he shall take further action as provided by Section 16 of the Act duly putting the petitioner on notice and affording an opportunity of hearing and a decision shall be taken within a period of two months from the date of receipt of copy of this order. If the petitioner is aggrieved by any decision taken in pursuant to the direction of this Court, it is open to the petitioner to work out his remedies. No costs.
Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.
JUSTICE P.NAVEEN RAO Date: 23.09.2014 Note:
Issue C.C. in one week.
B/o. kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.30284 OF 2012 Date: 23-09-2014 kkm