THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITON No.32738 OF 2015
ORDER:
This writ petition is filed seeking the following relief:
“to issue an appropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the inaction of respondents 2 to 4 in effecting necessary entries in the Government record, to the effect that the petitioner’s society is the owner and possessor of Ac.3.10 guntas in Sy.No.308 of Desaipet Village of Warangal Mandal is illegal, unjust and arbitrary and consequently direct the necessary entries to be made in all the records concerned to the effect that the petitioner’s society is the owner and possessor of Ac.3.10 guntas in Sy.No.308 from the date of their purchase of Desaipet Village of Warangal Mandal and District and pass such other order as orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
2. Brief facts:
Petitioner is a Society registered with Regd.No.7/INDJ(1960) under the name and style of “CHARMODYOG INDUSTRIAL CO-OPERATIVE SOCIETY LTD., DESAIPET”. Petitioner Society purchased land to an extent of Ac.3.10 guntas with building (old and new) bearing No.22/35 in Sy.No.308 of Desaipet village, Ward No.22 of Warangal Mandal and District in public auction conducted by the then Tahsildar of Warangal for an amount of Rs.2,000/- on 19.08.1960 and since then, petitioner Society was in physical possession of property. Respondent No.2 issued Sale Certificate to petitioner Society vide Rc.No.C2/11430/58/9TF, dated 16.12.1960. Society obtained a loan from “Khadi and Village Industries Board, A.P., Hyderabad” (for short “the Board”) and the said property was registered in the name of the Board. Entire loan amount with interest was paid back to the Board and the Chief Executive Officer of the Board issued “No Dues Certificate” vide proceedings Rc.No.B2/VLI/
Charmodyog/WGL/59-60/60-61-2000, dated 14.08.2000.
3. It is averred in the affidavit that certain persons are trying to grab the said property, in the meanwhile, respondent No.4 (Mandal Revenue Officer, Warangal Mandal) claimed that the said property is Government property and conducted survey and fixed boundaries and was finalising for land acquisition for construction of a building. Petitioner made a representation to the Department of Industries on 22.07.1988 and the General Manager of the Department addressed a letter to the District Collector vide letter No.C/4254/88, dated 09.09.1988, requesting respondent No.2 (Collector) to issue instructions to respondent No.4 not to encroach the petitioner Society’s land. A representation was also made by petitioner Society on 25.09.1998 to respondent No.2 narrating how petitioner Society purchased the land way back in 1960. It is further averred that several requests were made by petitioner to respondents to mutate the name of petitioner Society in the Records of Rights and for issuing the pattedar pass book and title deed pass book to petitioner Society, a legal notice was issued on 28.02.2006. 4. Petitioner approached District Legal Services Authority, Warangal vide CLSA.No.464 of 2006 and the same was disposed of on 13.11.2007. An inspection note was submitted by Deputy Tahsildar in the month of March, 2015 and in the note submitted, it was stated that land in Sy.No.308 belongs to petitioner Society and that the said land was divided into house plots and allotted to its members and many of them built houses. Respondent No.2 issued directions to respondent No.4 to carryout necessary changes in records, after verifying the correctness of the report with respect to the subject land. Pursuant to the directions of respondent No.2, respondent No.4 conducted enquiry and recommended for necessary corrections in the revenue records, but no steps were taken for correction in the revenue records. As respondent authorities have not carried out the corrections in the revenue records, in spite of survey being conducted and directions issued, this writ petition is filed.
5. Learned counsel for petitioner Society submitted
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