THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24013 of 2013 Dated : 05.06.2014 Between:
G.Peda Venkateswarlu, S/o G.Baburao, 50 yrs., R/o 11/103, Abbas Nagar, Kallur Village, Kurnool District.
.. Petitioner And State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24013 of 2013 ORDER :
The case of the petitioner is that the younger brother of the petitioner purchased the land to an extent of Ac.1.38 cents in Survey No.790/4 of Laxmipuram Gram Panchayat, Kurnool District. The petitioner purchased Ac.1.38 cents in the same survey number under a registered sale deed, dated 07.07.1997. Consequently, the petitioner and his brother are in possession and enjoyment of the said property. The petitioner contemplated to sell the said land and approached the Sub-Registrar. The petitioner was informed that the said land is shown as an assigned land and therefore, no transactions can be permitted. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that a wrong entry was made in the revenue records showing the said land as an assigned land, whereas the said land is a private patta land and title has validly passed on to the petitioner from the previous vendor. He, therefore, submits that the petitioner would submit a representation to the Tahsildar, Kurnool Mandal and a direction be issued to the Tahsildar to take appropriate action as warranted by law and as directed by this Court in W.P.No.29624 of 2011.
3. Learned Assistant Government Pleader has no objection for disposal of the writ petition in terms of the submissions made by the learned counsel for the petitioner.
4. Having regard to the aforesaid submissions, this Writ Petition is disposed of with the following directions,
a) it shall be open to the petitioner to make a representation to the 3rd respondent with a request to delete the land in Survey No.790/4 of Laxmipuram Gram Panchayat, Kurnool District from the list of prohibited land communicated to the 4th respondent.
b) If, on verification, the 3rd respondent comes to the conclusion that the assignment was made before 1954 and there did not exist any condition prohibiting alienation, he shall delete the land from the list communicated to the 4th respondent, forthwith.
c) If, on the other hand, it emerges that the land was assigned subsequent to 1954 and condition was incorporated prohibiting alienation, the petitioner shall not be entitled to any relief.
There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 05.06.2014 ssp