NAIDU SUBBA RAO vs THE STATE OF ANDHRA PRADESH

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.18160 OF 2023 Between:- Naidu Subba Rao … Petitioner and The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, and others … Respondents Counsel for petitioner : M/s.T.V.Jaggi Reddy Counsel for respondents : The G.P. for Revenue ORDER: Heard learned counsel and the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.

2.

The writ petition is filed seeking a direction to the 5th respondent to expeditiously decide the RoR enquiry, as per the direction of the 4th respondent dated 25.4.2023, pertaining to the land of an extent of Ac.0.60 cents in Survey No.460/1 (Sub-divided as 460–1B) of Nowulur Village, Mangalagiri Mandal, Guntur District, and issue endorsement as sought for by the 2nd respondent vide letter dated 20.7.2022.

2 3.

Learned counsel for the petitioner, with reference to the averments made in the writ petition, sought to impress upon this Court that despite issuance of the directions by the 4th respondent dated 25.4.2023 to the 5th respondent, RoR enquiry has not been completed so far and as the petitioner’s rights are in jeopardy, the present writ petition is filed.

4.

The said submissions of the learned counsel need not be dealt with in detail in view of the instructions dated 27.7.2023 of the 5th respondent placed before this Court, wherein it is inter alia mentioned as follows: “I submit that the Sub Collector, Tenali has, vide letter No.RC/669/2023-E dated 25.4.2023, directed this respondent to take the matter on the file of the Tahsildar for ROR enquiry and dispose of the petition and report compliance.

Accordingly, the matter was taken up for enquiry, vide this office Notice dated 13.6.2023 in RC/DT/ 159/2023, for hearing of the matter on 01.7.2023 at 11.00 A.M.

11.00 A.M.

I submit that on the above date of hearing, the present writ petitioner was present and also Sri Thota Eswara Rao and Thota Syam Prasad, who are contesting that they have right over Ac.0.55 cents each were also present and stated that they also gave land, accordingly under the Land Pooling Scheme to the APCRDA and also filed their written contentions, through a joint representation dated Nil received in this office on 04.7.2023.

The Special Deputy Collector & Competent Authority, Nowluru 2, Unit 3 of the APCRDA, Thulluru has, vide his Lr.

In RC No.12/2023-Nowluru 2, dated 29.6.2023, who has taken under the LPS an extent of Ac.0.55 cents each from the aforesaid Thota Eswara Rao and Syam Prasad, instead of their holding in the webland @ Ac.0.50 cents each, requested to adjourn the case for a period of one month so as to study the case and offer adequate remarks.

I submit that now the time sought for by the Spl.

3 Dy.

Collector & CA, APCRDA, Thullur is over.

I submit that I will issue further notice to him and complete the enquiry in another three (3) weeks.” 5.

In the light of the above stated position, this Court is inclined to dispose of the writ petition, with a direction to the 5th respondent to complete the enquiry as expeditiously as possible, at any rate, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6.

With the above direction, the writ petition is disposed of.

No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ NINALA JAYASURYA, J July 28, 2023. vasu