HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18638 OF 2014 Date:07.07.2014 Between:
Palsa Anjaiah and another .. Petitioners And The District Collector & District Magistrate, Ranga Reddy and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18638 OF 2014 ORDER:
Heard the learned counsel for the petitioners and learned Government Pleader for Revenue appearing for respondents 1 to 3.
The petitioners are aggrieved by the inaction on the part of the 3rd respondent in taking up the enquiry and passing of appropriate orders as per the directions of the 2nd respondent in Case No.A2/3175/2007, dated 30.06.2008. The petitioners state that their father, late Palasa Chennaiah, and thereafter the petitioners continued to be the owners of land admeasuring Ac.2.00 in Survey No.475/AA of Lemuru Village, Kandukur Mandal, Ranga Reddy District. Out of the disputes between one Milind Shah and the petitioners, an appeal under Section 5(5) of the Andhra Pradesh Record of Rights in Land and Pattadar Passbooks Act, 1971 (for short, ‘the ROR Act’) is filed and the same was adjudicated by the 2nd respondent. Under the aforesaid order on 30.06.2008, the Tahsildar, Kandukur Mandal, was required to conduct a de nova enquiry and pass appropriate orders, after verification of the documents with reference to the entries recorded in the revenue records by following the procedure under the ROR Act. The grievance of the petitioners, however, is that the said enquiry has not been taken up by the 3rd respondent and still remains to be pending in spite of their making several representations, some copies of which are produced along with the writ petition.
Learned Government Pleader for Revenue, on instructions, submits that, no doubt, there was delay on the part of the 3rd respondent, but that is stated to be on account of the then Tahsildar going on Maternity leave and engaging in Election work.
It is, however, stated that the 3rd respondent has taken up the enquiry and will take appropriate steps to comply with the order of the 2nd respondent, as expeditiously as possible.
In view of the submissions of the learned Government Pleader, the writ petition is disposed of directing the 3rd respondent to complete the enquiry, in compliance with the directions of the 2nd respondent, and pass appropriate orders thereon, after hearing the affected parties, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
The miscellaneous petitions, if any, pending in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
07.07.2014 KH