Vaddi Nageswara Rao vs. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE D. RAMESH

W.P. No. 6990 of 2020

O R D E R:-

This writ petition is filed for the following substantive relief:

"…..to issue a Writ of Mandamus directing the respondents to pass appropriate orders on the applications of the petitioners by considering the recommendations of the Revenue Divisional Officer vide his proceedings Rc.B1.320/2011, Rc.B1.271/2011, Rc.B1.319/2011, Rc.B1.321 respectively dated 31.01.2011 for alienation of the proposed Government land at market value."

The assertion of the petitioners is that they have purchased vacant house plots from common vendors namely Sri Gurram Krishna Murthy and Sri Devi Reddy Gangadhar Reddy in municipal approved layout Plan No.1 of 2008 in Sy.No.217 of Ammavarupeta village, Venkatagiri Mandal and Municipality. The 1st petitioner purchased Plot No.2 in an extent of 232 square yards by virtue of registered sale deed document Nos.1098 of 2008, dated 13.08.2008 and 148 of 2014, dated 05.02.2014. The 2nd petitioner purchased Plot No.4 in an extent of 225 square yards under a registered sale deed document No. 1072 of 2008, dated 13.08.2008. The third petitioner purchased Plot No.3 in an extent of 230 square yards under a registered sale deed document No.1100 of 2008, dated 13.08.2008 and the 4th petitioner purchased Plot No.1 admeasuring an extent of 395 square yards under a registered sale deed vide document No.1070, dated

13.08.2008. Adjacent to the plots of the petitioners, an extent of Ac.0.30 cents of vacant Government land in Sy.No.217 which is classified as "assessed waste dry" is lying waste. As there is no access for vehicles to reach the plots of the petitioner, they have made applications seeking alienation of the above said Government land on market value to the extent of Ac.0.3 cents to each petitioner. Basing on the said representations, the Revenue Divisional Officer, Gudur vide proceedings dated 31.01.2011 addressed to the District Collector, SPSR Nellore recommending that the land requested by the petitioners can be alienated on payment of market value.

In an identical matter that came up before the State, the Government of Andhra Pradesh issued orders in G.O.Ms.No.1724, Revenue (Assignment II) Department, dated 24.11.2006 alienating an extent of Ac.0.05 cents in Sy.No.217/6 for pathway on payment of Rs.2,500/- per square yard in favour of B. Venkatesh and three others.

Even though the matter underwent several adjournments, the respondents have not filed counter affidavit.

The learned Government Pleader for Revenue appearing on behalf of the respondents has submitted that the writ petition may be disposed of directing the respondents to pass appropriate orders on the representations made by the petitioners as per rules.

2

In view of the submissions made by the learned counsel for both the parties, the writ petition is disposed of at the admission stage directing the respondents to consider the representations said to have been filed by the petitioners and pass appropriate orders thereon in accordance law by taking into consideration of the recommendations of Revenue Divisional Officer vide proceedings dated 31.01.2011, within a period of eight weeks from the date of receipt of a copy of this order. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

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D. RAMESH, J

14.05.2020

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