Telangana High Court
WP/26695/2006 of Jowgaddi Venkanna Vs The Government of Andhra Pradesh, Rep. by the on 22 December 2006
SRI JUSTICE V.V.S.RAO WRIT PETITION No.26695 of 2006 Dated:22.12.2006 BETWEEN: Jowgaddi Venkanna. … Petitioner and The Govt.of A.P., Rep.by its District Collector, Visakhapatnam, and another. … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26695 of
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.26695 of 2006
Dated:22.12.2006
BETWEEN:
Jowgaddi Venkanna.
… Petitioner
and
The Govt.of A.P., Rep.by its District Collector, Visakhapatnam,and another.
… Respondent
THE HON’BLE SRI JUSTICE V.V.S.RAO
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ORDER:
WRIT PETITION No.26695 of 2006
The petitioner is a resident of Dopparla Village, AchyutapuramMandal in Visakhapatnam District. He alleges that the land admeasuringAcs.3.00 in Survey No.45/1 is situated adjacent to Demudu GaruvaTank. He occupied the land and cultivating the same along with hisfamily members. Though he has been making applications to the secondrespondent for grant of patta, the same was not considered, but therespondents allegedly collected land revenue from him from 1995onwards. It is further alleged that land was allotted to one PalakaAppanna by proceedings dated 28.04.1987 denying the similarconsideration to the petitioner. Therefore, he filed the present WritPetition assailing the patta granted to Appanna and also seeking adirection to the second respondent to grant patta to him.
Learned Counsel for the petitioner reiterated the position asdisclosed in the writ affidavit. Opposing the Writ Petition, learnedAssistant Government Pleader for Revenue (Assignment) submits thatwhen the land is classified as Tank, the same cannot be assigned.
As the allegation is made that the land admeasuring Ac.1.70 centsis already assigned to Sabbarappu Chinnayerukamma, W/o.ChinnaAppanna, by proceedings dated 28.04.1987, the second respondent maylook into the matter and assign the land to the petitioner. If for anyreason, the land in Survey No.45/1 situated at Dopparla Village cannotbe assigned, the Mandal Revenue Officer may assign suitable land to thepetitioner taking into consideration his eligibility for such assignment.
The petitioner is also given liberty to give a detailed representationproducing evidence of his occupation within a period of ten days from thedate of receipt of a copy of this order. As and when such application isreceived, the Mandal Revenue Officer shall consider the same, ifnecessary, by conducting personal inspection, and pass appropriateorders within a period of six weeks after receiving the representation.
The Writ Petition is accordingly disposed of. No costs.
22.12.2006vs
____________(V.V.S.RAO, J)