THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION Nos.758, 759 and 761 of 2014 Dated: 20.01.2014 WRIT PETITION No.758 of 2014 Between:
P. Bala Kumari .. Petitioner and The District Collector, Rajahmundry, East Godavari District, and others.
.. Respondents.
WRIT PETITION No.759 of 2014 Between:
G. Sumathi .. Petitioner and The District Collector, Rajahmundry, East Godavari District, and others.
.. Respondents.
WRIT PETITION No.761 of 2014 Between:
P. Sivanand .. Petitioner and The District Collector, Rajahmundry, East Godavari District, and others.
.. Respondents.
Counsel for the Petitioners: Smt. Akella Padma Counsel for the Respondents: GP for Social Welfare The Court made the following:
COMMON ORDER:
These three writ petitions have been filed with the common grievance that respondent No.2, having initiated proceedings under the A.P. Scheduled Areas Land Transfer Regulation 1 of 1959, as amended by Regulation 1 of 1970, has not been completing the enquiry and passing final order in respect of Ac.60.00 of Kondamodalu Village, Devipatnam Mandal, East Godavari District.
At the hearing, the learned Government Pleader for Social Welfare submitted that the proceedings were initiated against late P. Gopala Krishna Murthy, that none of the petitioners, who claim through him, appear to have got themselves impleaded before respondent No.2 after the death of the said Gopala Krishna Murthy.
Smt. A. Padma, learned counsel for the petitioners, submitted that as the petitioners have succeeded to the properties of late P. Gopala Krishna Murthy, they are interested parties and that therefore they are entitled to participate in the proceedings pending before respondent No.2.
Inasmuch as the petitioners are the wife, sister and brother respectively of late P.Gopala Krishna Murthy, against whom the proceedings have been initiated, they are justified in claiming interest in the property. Even if the petitioners have not been formally impleaded, being interested in the properties, they are entitled to participate in the proceedings.
Respondent No.2 is, therefore, directed to issue notices to the petitioners, who claim to be the legal heirs of late P. Gopala Krishna Murthy, complete the proceedings and communicate the order to the petitioners within two months from the date of receipt of this order.
Subject to the above direction, the writ petitions are disposed of.
As a sequel, all the miscellaneous applications shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 20th January, 2014 IBL