JUDGEMENT
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(1.) The petitioner purchased a plot of 164 square yards in R.S.No.171 of
Vatluru Village, Peddapadu Mandal, West Godavari District, through a sale deed,
dated 07.03.2009. Her vendor in turn purchased that plot through sale deed,
dated 09.07.2007. It is stated that when the 5th respondent sought to
interfere with the possession of the petitioner over the said land, she filed
O.S.No.37of 2010 in the Court of I Additional Junior Civil Judge, Eluru and in
I.A.No.40 of 2010 filed under Order 39 Rules 1 and 2 C.P.C., the trial Court
passed an order of ad interim injunction on 25.01.2010.
(2.) The Tahsildar, Peddapadu Mandal, 3rd respondent herein executed a deed of
cancellation on 27.01.2011 vis--vis the said plot. Reference was made in that
deed of cancellation to an order, dated 26.01.2011 passed by the District
Collector, West Godvaari District, 1st respondent herein. In that order, the
1st respondent took note of the fact that patta was granted in respect of an
extent of Ac.0.21 cents of land in R.S.No.171 in favour of Field Labour
Cooperative Society, Vatluru by the Settlement Officer and on finding that the
Society violated the conditions of patta, the Revenue Divisional Officer, Eluru,
2nd respondent herein passed orders cancelling the patta, through proceedings,
dated 19.08.2009. That was followed by the change of classification of the land
and restoration of the same to the Government. The 1st respondent directed the
4th respondent to execute a deed of cancellation in respect of the said land as
per Rule 26 of the A.P. Rules framed under the Registration Act. The petitioner
feels aggrieved by the order, dated 26,01,2011 and other consequential
proceedings.
(3.) The 5th respondent filed a counter affidavit, stating inter alia that he
is in possession of the land referred to above and on a representation made by
him, for regularization of the said land, the proceedings referred to above have
been issued and the steps for regularization are pending.
No counter affidavit is filed by respondents 1 to 4.
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