HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.30637 of 2014

ORDER

This writ petition is filed for the following relief:

“…to issue an order or directions more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of the respondent no.1 in not issuing the certificate under section 38E of the Andhra Pradesh/Telangana Area Tenancy and Agricultural Lands Act, in regarding with the lands admeasuring 6 acres 32 guntas in Sy.No.365 and land admeasuring 20 acres in Sy.No.364 situated at Bommalaramaram Village and Mandal of Nalgonda District in favour of the petitioner and his brother even though an application was filed during the life time of the father of the petitioner i.e. on 27.12.2004 and even though the enquiry was initiated in the year 2010 is nothing but arbitrary illegal null and void and violative of Articles 14, 19 and 21 of the Constitution of India and also violative of the provisions of the Andhra Pradesh Telangana Area Tenancy and Agricultural Lands Act and also violative of principles of natural justice Consequently direct the respondent no.1 to issue section 38E certificate in favour of the petitioner and his brother in regarding with the lands admeasuring 6 acres 32 guntas in Sy.No.365 and land admeasuring 20 acres in Sy.No.364 situated at Bommalaramaram Village and Mandal of Nalgonda District…”

2. Heard Sri Krishna Kalyan, learned counsel representing Sri K.Venumadhav, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3.

3. Learned counsel for the petitioner submits that petitioner’s father namely B.Narsireddy, during his lifetime submitted application on 27.12.2004, before respondent No.1, requesting him to issue 38-E certificate under the provisions of A.P(Telangana Area) Tenancy and Agricultural lands Act, 1950. Pursuant to the said representation respondent No.1 issued notice vide No.B/4217/2004 dated 05.02.2010 directing father of the petitioner as well as other interested persons to appear before him on 23.02.2010. Pursuant to the said notice, petitioner’s father appeared before respondent No.1 and produced all the documents and petitioners father died on 27.05.2013. After his death petitioner also approached respondent No.1 and requested him to issue 38-E certificate, pursuant to the notice dated 05.02.2010. In spite of repeated requests made by the petitioner, respondent No.1 has not taken any steps without any valid reasons.

4. This Court on 24.10.2014, ordered Notice before Admission. The official respondents have not filed counter till date.

5. Learned Assistant Government Pleader for Revenue submits that if the application submitted by the petitioner’s father dated 27.12.2004, is still pending, respondent No.1 will consider the same, in accordance with law and requested this Court to grant reasonable time.

6. Having considered the rival submissions made by respective parties, without going into the merits of the case, respondent No.1 is directed to conclude the proceedings pursuant to the representation submitted by the father of the petitioner dated 27.12.2004 and notice dated 05.02.2010 and pass appropriate orders, in accordance with law, after giving opportunity to the petitioner as well as any other affected parties within a period of three(3) months from the date of receipt of a copy of this order, if not already disposed of.

7. With the above directions, the writ petition is disposed of accordingly. No order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

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JUSTICE J. SREENIVAS RAO

30th April, 2024 PSW