THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 32696 OF 2013 Date of Judgment: 1.7.2014 Between:
K. Rama Sastry and another …Petitioners And The State of Andhra Pradesh and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 32696 OF 2013 ORDER:
Nobody appeared for the respondents. I have already heard learned counsel for the petitioners on 24.6.2014. This writ petition is coming up for orders.
The petitioners claim that they are in possession of land in Sy.No. 57 situated at Chinakada village of Dattirajeru Mandal, Vizianagaram district. It is stated that there was a dispute between the petitioners and another third party- Kotra Krishna Murthy which was subject matter of an appeal before the Revenue Divisional Officer, Vizianagaram with regard to cancellation of pattadar passbooks and title deeds issued in favour of the said third party. The said appeal was considered by the Revenue Divisional Officer, Vizianagaram in RC No. 283/2011/A and by order dated 27.6.2011 he came to the conclusion that the title over the said Sy.No. 57 was not confirmed in favour of the respondent-Krishna Murthy and therefore, directed that the entries in the name of the said respondent in revenue records be cancelled. Aggrieved by the said order of cancellation, the said Krishna Murthy filed a revision before the Joint Collector, Vizianagaram which came to be dismissed by his order dated 27.3.2012 in proceedings D. Dis.No. 2170/2011/KRC. The order of Joint Collector was questioned by the said Krishna Murthy in W.P.No. 25258 of 2012 which was also dismissed by this Court by order dated 17.8.2012 and thereby the order of Revenue Divisional Officer canceling the pattadar passbooks and title deeds of the said Krishna Murthy attained finality. The present writ petition is filed by the petitioners with a grievance that in spite of their success in all the three proceedings, the revenue authorities are not giving effect to the order of Revenue Divisional Officer, Vizianagaram and thereby the petitioners, who are successful in the said proceedings, are deprived of the benefit of pattadar passbooks and title deeds.
The respondents have not filed any counter-affidavit. However, adjudication of the earlier proceedings noted above cannot be controverted and since finality has attained to the proceedings referred to above, there is no impediment for the second respondent to implement the order of Revenue Divisional Officer and make appropriate entries in revenue records.
Accordingly the writ petition is disposed of directing the second respondent to make necessary entries in revenue records in terms of the order dated 27.6.2011 passed by the Revenue Divisional Officer, Vizianagaram, as confirmed by the Joint Collector, Vizianagaram under order dated 27.3.2012 as well as by this Court in W.P.No. 25258 of 2012 under order dated 17.8.2012 and communicate the same to the petitioners. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 1.7.2014 KR