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THE HONBLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.12871 of 2021

ORDER:

This 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 inaction of the respondents in correcting the errors in revenue record/FCO fair adangal by rectifying the same in respect of land Sy.No.59/2 measuring Ac.8.60 cents and in Sy.No.59/4 for an extent of Ac.0.80 cents of L.Kota village and Mandal, Vizianagaram district by not passing the Revision petition Rc.No.2575/2019/SDT- 1/KRRC/Dt.30.08.2019 as illegal and arbitrary and consequently direct the respondents to rectify the wrong entries in revenue records/FCO fair adangal by deleting the name of erroneous registered pattadar in respect of above said land and pass such other order”.

The case of the petitioners is that Sri Gokeda Simhachalam, W/o.Chinnayya for brevity 1st branch of registered pattadar, she was blessed with two sons Jagannadham and Apparao. Both grand sons of registered pattadar died and they blessed with a son and two daughters and grand children. Apparao died intestate leaving behind him his wife Savithramma and three male children and one daughter and grand children. The 2nd branch Gorle Ammanamma and her husband died issueless. Therefore, Gokeda Simhachalamma became the owner of the entire property of registered pattadar and successors are enjoying the property in Sy.No.59/1 for an extent of Ac.0.30 cents and in Sy.No.59/2 for an extent of Ac.9.60 cents SFA and after FCO Sy Nos.59/2 for an extent of Ac.8.60 cents and Sy.No.59/4 for an extent of Ac.0.80 cents of L.Kota village in two equal shares i.e., successors of 1st son Jagannadham and 2nd son Apparao.

The petitioners never sold their lands to any person but executed an un-registered agreement in favour of Kolla Appalanaidu for different land beyond R & B road, but not the subject land, even if, that land is sold, it is only because of internal differences in the Gokada family members. They said to have executed an un-registered sale agreement and did not materialize into registered sale deed and the property reverted back to the family members of the petitioner. Thereupon, application was made to rectify the errors in the revenue records in respect of land in Sy.No.59/2 for an extent of ac.8.60 cents and in Sy.No.59/4 for an extent of Ac.0.80 cents of L.Kota village and Mandal, Vizianagaram district and an order was passed refusing to rectify the mistake. The Revision Petition is pending in Rc.No.2575/2019/SDT-1/KRRC, Dt.30.08.2019. The respondent No.3/ Joint Collector keeping the matter pending for such a long time is illegal and arbitrary and requested to direct the 3rd respondent to dispose of Rc.No.2575/2019/SDT-1/KRRC, Dt.30.08.2019 as expeditiously as possible.

In view of the limited request made by the learned counsel for the petitioners, I deem it appropriate to direct the respondent No.3 to dispose of Revision Petition Rc.No.2575/2019/SDT- 1/KRRC, Dt.30.08.2019 within three (3) months from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of, without touching the merits in the other contentions. No costs.

As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 06-07-2021 sj

144 THE HONBLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON NO.12871 of 2021 Date: 06-07-2021 sj

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