IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21203 of 2014 BETWEEN St.Luke’s Minority Educational Society, rep. by its Secretary.
AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. The grievance of the petitioner in this writ petition is that though the land admeasuring Ac.7-35 cents in survey No.16/1 of Yendada Village, Visakhapatnam Rural, was alienated in favour of the petitioner in accordance with G.O.Ms.No.191, Revenue (Assignment-I) Department, dated 20.02.2009, and though the entire consideration on the basis of market value was already remitted, as is evident from the report of the Tahsildar, respondent No.4, addressed to the Collector, respondent No.2, in Rc.No.6025/04/8E2, dated 20.06.2009, sale deed in terms of the said alienation is not being executed by respondent No.4-Tahsildar. The present writ petition, therefore, seeks an appropriate direction in the nature of Mandamus against respondent No.4 to execute the registered sale deed with respect to the aforesaid land in favour of the petitioner.
3. The instructions received by the learned Government Pleader, however, state that the allocation committee formed by the Government is in the process of framing appropriate guidelines for the manner in which such conveyances are to be executed and awaiting the same, the sale deed could not be executed by respondent No.4.
4. It is apparent from the documents annexed to the writ petition that the alienation in favour of the petitioner on payment of market value was already approved by the Government vide G.O.Ms.No.191, referred to above, and the payment also has been received in compliance with the directions of the Collector, dated 26.02.2009, by paying the said amount by way of a challan as early as on 31.03.2009.
The possession was also delivered to the petitioner in terms of the orders of the Collector in Rc.No.6025/2004/E2, dated 30.05.2009, which is evidenced by the signatures of petitioner as well as respondent No.4 on the delivery receipt issued by respondent No.4, dated 30.05.2009.
In view of that, therefore, the writ petition is disposed of directing respondent Nos.2 to 4 to execute appropriate conveyance in favour of the petitioner in terms of the said sale preferably within six weeks from the date of receipt of copy of the order so that by then the guidelines fixed by the District Level Committee also would be available. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 17, 2014 LMV