THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.C.NO. 1703 OF 2014 Date of Judgment: 28.11.2014 Between:
P.V. Narasimha Rao And …Petitioner P. Suresh, Special Grade Deputy Collector & RDO, Rajendranagar Division, Ranga Reddy district ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.C.No. 1703 of 2014 ORDER:
Heard learned counsel for the parties.
This contempt case is filed alleging non-compliance of order of this Court dated 9.7.2014 in W.P.No. 18036 of 2014 whereby the respondent was merely directed to conduct and complete the survey and demarcation work as sought for by the petitioner.
The respondent-Special Grade Deputy Collector and Revenue Divisional Officer, Rajendranagar Division, Ranga Reddy district has filed a counter-affidavit inter alia stating in para-3 that for the purpose of survey and demarcation, the applicant must have pattadar passbook in his name and since the petitioner’s name is not reflected in the revenue records, the survey was not taken up. It is also stated in para-5 of the counter-affidavit that a clarification was also sought in that regard from the District Collector.
In my view, the reasons given in the counter-affidavit are too flimsy. It is evident from the averments of the petitioner in the writ petition as well as from the order of this Court that the petitioner holds an occupancy rights certificate given by the competent authority under Section 4 of the Andhra Pradesh (TA) Inam Abolition Act, 1955 and as long as the said certificate is not set aside by any higher authority, the occupancy rights certificate by itself is a document of title and to the extent of the land certified therein the petitioner can be treated as owner with all rights. The said occupancy rights certificate, therefore, is a document which is superior to the pattadar passbook and as such non-compliance of the order on such ground cannot be approved.
The respondent is, therefore, directed to ensure that the survey and demarcation work is conducted, as directed by this Court in its order dated 9.7.2014 in W.P.No. 18036 of 2014, within four weeks from the date of receipt of a copy of this order.
The contempt case is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 28.11.2014 KR