HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 31931 of 2014 DATE: 28.10.2014 Between:
Sri Venkatachala Swamy Temple, Kothapeta, Krishna District.
… Petitioner And The Settlement Officer-cum-Joint Collector, Krishna District at Machilipatnam & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 31931 of 2014 ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition is disposed of without interfering with the order of the Hon’ble Lokayukta, as we are of the view that the Lokayukta has not decided the title of the land in question. Even if it is assumed that the land belongs to the Government, the Government is not debarred from issuing a patta.
It is stated before us that the petitioner has made an application for issuance of patta on the ground mentioned therein and an enquiry with regard to the claim of the petitioner is pending before the 1st respondent. Nowhere it is stated that the petitioner is in physical possession of the subject land. Therefore, at the moment, the order of the Hon’ble Lokayukta does not affect the petitioner’s interest. However, we clarify that the order of the Hon’ble Lokayukta is not standing in the way to consider the petitioner’s application for grant of patta.
Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 28.10.2014 ES