Telangana High Court
WP/24927/2004 of Tallluru Pentaiah, Vs Director of Settlement and Land Records on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24927 of 2004 Between: 1 Tallluru Pentaiah, S/o. Ramulu, R/o. Srinivasapuram Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24927 of 2004
Between:
1 Tallluru Pentaiah, S/o. Ramulu,
R/o. Srinivasapuram Village, Jangareddygudem Mandal, West Godavari District.
2 Yerra Samuel, S/o. Late Yesobu,
R/o. Srinivasapuram Village, Jangareddygudem Mandal, West Godavari District.
..... PETITIONERS
AND
Director of Settlement and Land Records Government of Andhra Pradesh, GaganVihar, Hyderabad.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue Writ of Mandamus or any other appropriate writ or direction declaring theaction of the respondent in not issuing the certified copy of the orders passedAssistant Settlement Officer, Eluru passed in S.R.11(9)33/67 GG dated 31-8-1967,Settlement Officer, Visakhapatnam passed in R.P.No.57/67 dated 31-5-1968 andDirector of Settlement, Hyderabad passed in R.P.No. 347/1968 dated 21-6-1974 asillegal arbitrary and consequently direct the respondent to furnish the same onpayment of necessary charges.
Counsel for the Petitioners: MR.O.MANOHER REDDY
Counsel for the Respondent.: GP FOR REVENUE
The Court at the admission stage made the following :
THE HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.24927 OF 2004
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ORDER:
Heard both sides and with their consent, the writ petition is disposed of at thestage of admission.
This writ petition is filed seeking a mandamus declaring the action of the respondentin not issuing the certified copy of the orders passed by the Assistant SettlementOfficer, Eluru in S.R.11(9)33/67 GG dated 31.8.1967, the orders passed by theSettlement Officer, Vishakapatnam in R.P.No.57/67 dated 31.5.1968 and the orderspassed by the Director of Settlement, Hyderabad in R.P.No.347/1968 dated21.6.1974 as arbitrary and illegal.
The facts in brief are that the petitioners are in possession and enjoyment of theproperty situated in R.No.361/8 and 361/9 admeasuring an extent of Ac.4.00 andAc.3.93 cents at Jangareddigudem village of West Godavari district for the past 30years. While so, one Ravi Subba Rao filed an application before the Joint Collectorseeking mutation of their names in the revenue records on the ground that a pattahas been granted in favour of their father by the then Assistant Settlement Officervide proceedings in SR.11(a)33/67 GG dated 30.8.1967. It is stated that thepetitioners made an application to the respondent herein for issuance of certifiedcopy of the orders dated 30.8.1967, 31.5.1968 and 21.6.1974 passed by theAssistant Settlement Officer, Settlement Officer and the Director of Settlement respectively. The grievance of the petitioner that the respondent has returned thesaid application on the ground that the petitioners were not parties before either ofthe officers who passed the said orders.
It is the case of the petitioners that they are in possession of the property for the past30 years, but the third party is claiming title over the said property and as such theyare seeking certified copies of the said orders. It is their further case that the orderspassed by the said authorities are public documents and therefore, the respondent isunder obligation to furnish the certified copies of the said orders.
Having regard to the facts and circumstances of the case, I deem it appropriate todispose of the writ petition with a direction to the respondent to issue the certifiedcopy of the orders sought for by the petitioners, as the same are not confidentialdocuments. Petitioners shall make application in this regard, enclosing copy of thisorder, alongwith necessary fee.
The writ petition is disposed of with the above observation. No costs.
SD/- P.V.RADHAKRISHNA RAO
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To:
1. Director of Settlement and Land Records, Government of AndhraPradesh, Gagan Vihar, Hyderabad.
2. Two C.Cs to G.P.for Revenue, high Court of A.P., Hyderabad (OUT)
3. Two C.D.copies.
P.M.
ORDER
WP.NO. 24927 OF 2004
Disposing of the WP
Without costs.