HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.16834 OF 2014 Date: 25.07.2014 Between:-
Kandavalli Sudhakar Rao, West Godavari District.
… Petitioner And State of Andhra Pradesh, Rep. by its District Collector, West Godavari District at Eluru and others ... Respondents This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.16834 OF 2014 ORDER:
Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue and Sri B. Nalin Kumar, learned counsel for the impleaded respondent.
2. This Writ Petition is filed alleging inaction on the part of the Tahsildar, Pedavegi Mandal, West Godavari District - third respondent herein in considering the petitioner’s application dated 05.10.2013 seeking assignment of Ac.3.00 cents of land in Survey No.414/3 of Bapirajugudem Revenue Village, Pedavegi Mandal, West Godavari District.
3. The learned Government Pleader for Revenue was required to get instructions in the matter.
4. In the affidavit filed in support of W.P.M.P.No.26227 of 2014 filed by impleaded respondent No.4, it is stated that he was granted assignment of the very same land way back on 06.07.2006 under D- Form Patta bearing L.D.No.116/06/139. Since then, he claims to be in possession and enjoyment of the said land. He further states that Pattadar Pass Book and title deed were issued to him and that his name is also shown in the Revenue Record. While there are allegations made against the entitlement of the petitioner, it is not necessary to deal with the same, as the petitioner’s claim for assignment of this particular land cannot obviously be considered.
5. In view of the fact that the impleaded respondent is already holding assignment of the very same land in his favour since 2006, interest of justice would be served if the Writ Petition is disposed of with liberty to the petitioner to make appropriate application for assignment of any alternative land instead of the land in question.
6. Accordingly, the Writ Petition is disposed of with liberty to the petitioner to make appropriate application before the competent authority for assignment of any alternative land instead of the land in question. If such an application is made, the same shall be considered by the competent authority in accordance with law under the policy of the State. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J Date: 25.07.2014
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.16834 OF 2014
Date: 25.07.2014
va