THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 34072 OF 2012 Date of Judgment: 27.8.2014 Between:
Penmatsa Venkata Somaraju …Petitioner And The State of Andhra Pradesh and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 34072 OF 2012 ORDER:
Heard learned counsel for the parties.
This writ petition is filed challenging the classification of petitioner’s land admeasuring approximately 120 acres in R.S.Nos. 798 to 812 situated at Bondada Revenue village, Kalla Manal, West Godcvari district from ‘Zeroyati’ to ‘Gayalu’. The petitioner claims that lands classified as Zeroyati were given to political sufferers in the year 1955- 56 and were subsequently purchased by the petitioner in the year 1988 after following due procedure. It is stated that in the revenue records also the lands have been classified as ‘Zeroyati’. However, the petitioner came to know that the third respondent-Tahsildar has erroneously recorded the said lands as ‘Gayalu’ and thereby placed restrictions on their alienation or sale. It is primarily contended that the change of classification was made by the third respondent without notice to the petitioner and the said classification has no basis, when the lands continue to be private Zeroyati lands.
Counter-affidavit has filed by the third respondent wherein inter alia in paragraph-7 it is stated as follows, “It is submitted that the land claimed by the petitioner is a Government land as per the entries in RSR. It is submitted that the entire records relating to assignment of Tahsidlar, Kalla were burnt in the agitation that led consequent to death of late Sri Vangaveeti Mohana Ranga on 26.12.1988. Thereafter certain records which were available in the old Tahsildar’s office were verified and list was freshly prepared as per the available material. The petitioner claims right over the land in Survey Nos.798 and 812 of Bondada Village of Kalla Mandal. The freshly prepared record would contain the details of Survey Nos.801/2, 801/1, 801/3, 805/1, 811/3 810/D, 809/C, 805/2, 809/B, 810/C, 811/2 and 811/1. These survey numbers were assigned to the political sufferers. So far as the land in Survey Nos.803, 804, 800 are concerned, they were assigned to the landless poor persons. Therefore while communicating the list to the office of the Sub-Registrar, these lands were mentioned as Government lands, not only based on the entries in the RSR, but also the entries freshly prepared. Therefore, it appears, when the petitioner has made an application to the Sub-Registrar, Undi Mandal, he has informed the petitioner that the land in R.S.No.805/1, 808 and 811 are included in the list of Assigned lands.”
In paragraph-9 of the counter-affidavit, it is further stated that if the petitioner produces the documentary evidence, the same will be verified and consequential action will be taken, if necessary duly correcting the entries in the records.
After examining the said counter-affidavit, this Court, by order darted 30.4.2013, admitted the writ petition and granted interim direction in WPMP No. 43330 of 2012. The third respondent has, however, not taken further action in pursuance of the said direction so far and the learned counsel for the petitioner states that on account of pendency of this writ petition, further consequential action is not taken.
In my view, the counter-affidavit filed by the third respondent, as relevant paragraph extracted above, completely redresses the petitioner’s grievance, inasmuch as if the petitioner produces necessary documents, the third respondent agrees to look into the same and consider change of classification on being satisfied by the documents to be produced by the petitioner. In the circumstances therefore, as directed by this Court in W.P.M.P.No. 43330 of 2012, this writ petition is disposed of giving liberty to the petitioner to approach the third respondent with a representation along with all the necessary documents in support of his claim that the lands in question are private Zeroyati lands and after examining the said documents and making such further inquiry, if necessary, the third respondent is directed to pass appropriate consequential orders, within four weeks from the date of representation, in accordance with law.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 27.8.2014 KR NB:
CC order be furnished in one week.
/BO/