ORDER:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ or Order more in the nature of Mandamus declaring the action of the respondents 3 and 4 not considering the petitioner’s representation dated 14.07.2014 and 18.11.2016 for maintaining cart-track as shown in R.K.V.B. Peta village fields, Karvetinagaram Mandal, Chittoor District as arbitrary, illegal and violative of principles of natural justice.”

The case of the petitioner, in brief, is that he is owner and possessor of agricultural land admeasuring Ac.4.00 cents and house situated in Survey No.5/2, R.K.V.B. Peta village. He was also owner of the land situated in Survey No.3/1, Punja, in R.K.V.B. Peta village, having enjoyed the same along with brothers. In between their lands in Survey No.3/1 and in survey No.5/2, there is cart track leading from Survey No.4/4 and they are enjoying the said cart- track without any hindrance. While so, the then Tahsildar issued DKT patta in favour of mother of the 5th respondent and issued pattadar pass books for the land an extent of Ac.2.51 cents in Survey No.4/6 and an extent of Ac.0.03 cents in Survey No.4/8. However, the 5th respondent is causing obstruction to the petitioner for using the cart track as shown in FMB, contrary to condition No.6 of the D-Form patta, which speaks that they should not disturb the existing lands, canals and agricultural channels. The petitioner is using the said cart track for transporting their agricultural products. When the 5th respondent is causing obstruction to the enjoyment of the said cart-track, the petitioner made several complaints to the respondent authorities, but they did not take any action. The grievance of the petitioner is that taking advantage of inaction on the part of the respondent authorities, the 5th respondent is causing obstruction for their ingress and egress to reach the lands. Though the petitioner made a complaint to the respondent authorities, they did not take any action.

Challenging the same, the present writ petition is filed.

The 4th respondent filed his counter contending, inter alia, that land an extent of Ac.2.51 cents situated in Survey No.4/6 and an extent of Ac.0.03 cents in Survey No.4/8 were assigned to one Gnanamma, mother of the 5th respondent, with a condition that the physical features of the land i.e. cart-track, channels etc., should not be changed. But, the 5th respondent in violation of the conditions of D-Form patta made changes to the existing path way. Further, the 4th respondent is trying to close the existing foot path. The petitioner is not utilising the said cart track due to the obstruction of the 5th respondent and that necessary is being taken to provide cart track to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

Having regard to the facts and circumstances stated above and considering the contentions of the 4th respondent, without going into the merits of the case, this court is inclined to direct the 4th respondent to consider the representations dated 14.07.2014 and 18.11.2016 and pass appropriate orders, if not already disposed of.

Accordingly, the writ petition is disposed of directing the 4th respondent to consider the representations dated 14.07.2014 and 18.11.2016 said to have been made by the petitioners, and pass appropriate orders, if not already disposed of, within a period of four (4) weeks from the date of receipt of a copy of the order.

As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

_______________ V. SUJATHA, J Date: 03.11.2022 Ksn