C. Munikrishnaiah vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY

WRIT PETITION No.28 OF 2020

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India to issue Writ of Mandamus, claiming the following releifs:

• i) the action of the respondents nos. 2 and 3 in mutating the panchayat retorts and assigning D.No. 1-101 in the name of the 7th respondent to the property of the petitioner in Diguvareddivaripalle Reddyvari village panchayat, Chandragiri Mandal, Chittoor District.
• ii) the action of respondents no 5 and 6 in issuing Electricity Service connection no. 5424105000464 to the property of the petitioner in Diguviireddivaripalle Reddyvari village panchayat Chandragiri Mandal Chittoor District in the name of the 7th respondent as illegal arbitrary against the principles of natural justice and unconstitutional and consequently direct
  • a. respondents no 2 and 3 to mutate the name of the petitioner in the panchayat records as the owner of D.No.1-101 in Diguvareddivaripalle Reddyvari village panchayat Chandragiri Mandal Chittoor District and
  • b. respondents no 5 and 6 to mutate the electrical service connection No 5424105000464 in the name of the petitioner

It is contended that the petitioner is the absolute owner of 1494.68 sq.ft of land in Sy.No.124 of Digivareddyvaripalle Vilage, Chandragiri Mandal, Chittoor District. The petitioner having purchased the same from its lawful vendor and for valid consideration under registered sale deed No.2179 of 2015 dated 24.08.2015 and has been in possession of the same since the date of its purchase.

While the petitioner was getting the land cleaned and constructing a compound wall in his land, the seventh respondent and his brother tried to interfere with his possession and enjoyment of the property. Thereupon, the petitioner filed O.S.No.71 of 2017 on the file of Principal Junior Civil Judge, Tirupati seeking permanent

injunction against the seventh respondent and his brother. When the petitioner came to know that the seventh respondent, his brother were trying to mutate the records in their favour, so as to produce proofs in their favour, the petitioner made applications dated 22.02.2017 and 23.07.2019 to Respondent Nos. 2, 3, 4 & 5, requesting the respondent Nos. 2 & 3 for taking necessary action and the applications are still pending consideration before the third respondent/Panchayat Secretary, Reddyvaripalle Village.

At the stage of admission, Sri V. Vinod K. Reddy, learned Standing Counsel for third respondent/Panchayat Secretary, Reddyvaripalle Village readily agreed to dispose of the applications pending before the third respondent in accordance with law.

Recording the submission of Sri V. Vinod K. Reddy, learned Standing Counsel for third respondent, the third respondent/Panchayat Secretary, Reddyvaripalle Village, is directed to dispose of applications dated 22.02.2017 and 23.07.2019 in accordance with law, within two weeks from the date of receipt of copy of this order. The petitioner is permitted to furnish copy of this order to the third respondent, enabling the third respondent to act upon it.

With the above direction, writ petition is disposed of, at the stage of admission, with the consent of both the parties.

Consequently, miscellaneous applications pending if any, shall stand dismissed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date:07.01.2020 sp