THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.19361 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

"…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 4th respondent in not granting DKT Patta in Sy.No. 486/4 an extent of Ac. 2.25 cents at 68 Ramireddypalli Village, Chandragiri Mandal, Chittoor District in the name of petitioner's grand father and trying to do favour for the 5th respondent without following due process of law as illegal, arbitrary and violative of principles of Article 14 and 300-A of the Constitution of India and consequently direct the 4th respondent to complete the process of proper enquiry and grant DKT patta in favour of the petitioner in accordance with law and release the same and pass such other orders."

2. The claim of the petitioner is that the grandfather of the petitioner by name Palugudi Changama Naidu was in possession and enjoyment of the land to an extent of Ac. 2.25 cents in Sy.No. 486/4 of 68 Ramiredypalli Village, Chandragiri Mandal, Chittoor District since 1980 and he paid property tax to the concerned authority. The petitioner made several representations to the respondents to issue Darakastupatta for the subject land in his favour, as his family is in below poverty line. The 4th respondent issued endorsement dated 09.11.2018 stating that the subject land is classified as "Vagu Poramboke" therefore invalidated the request of the petitioner to grant DKT Patta by the respondents. The representations dated 04.09.2017, 07.10.2010 and 08.11.2018 are endorsed by the village people and recommended to grant DKT Patta in the name of grand father of the petitioner as his family has been in possession and enjoyment of the land for the past 40 years and he had no other source of income for eking out his livelihood. While the matter stood thus, the 5th

respondent, who is Sarpanch of the village is trying to interfere with the land. Such action of the 5th respondent is illegal and arbitrary. Hence, petitioner questioned the inaction of the respondents and sought for a direction as referred supra.

3. During hearing, learned counsel for petitioner reiterated the contentions in the writ petition. Whereas learned Assistant Government Pleader requested this court to pass appropriate order.

4. Since, petitioner questioning the inaction of the respondents on the representation of the petitioner's grandfather dated 04.09.2017, 07.10.2010 and 08.11.2018, this court is not required to adjudicate the issue on merits and suffice it to issue a direction to the respondents to take appropriate action on the representations, if any, pending with the respondents within four (04) weeks from the date of receipt of a copy of this order.

5. With the above direction, writ petition is disposed of, at the stage of admission, with the consent of both the counsel. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date: 06.09.2021 KK

WRIT PETITION No.19361 OF 2021

Date: 06.09.2021

KK