Telangana High Court
WP/25174/2004 of Vempuluru Ramachandraiah, Vs The Revenue Divisional Officer, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25174 of 2004 Between: 1 Vempuluru Ramachandraiah, S/o Pullaiah, 2 Ravula Pedda Ankoji,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25174 of 2004
Between:
1 Vempuluru Ramachandraiah, S/o Pullaiah, 2 Ravula Pedda Ankoji, S/o Pedda Ankaiah, 3 Badugu Narasamma, W/o Penchalaiah.
All are Coolies, R/o Podalakaur ( Village), Podalakur Mandal, Nellore District.
... PETITIONERS
AND
1 The Revenue Divisional Officer, Nellore, Nellore District.
2 The Mandal Revenue Officer, Podalakur Mandal, Podalakur, Nellore District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ, Order or direction more particularly one in the nature of Writ ofMandamus under Article 226 of constitution of India declaring the action of theRevenue Divisional Officer, Nellore, Nellore District in not passing any orders in thestay petition filed along with the appeal, filed by the petitioners aggrieved by theproceedings of the Mandal Revenue Officer, Podalakur Mandal, Podalakur, NelloreDistrict in 838A dated 23-12-2004, wherein the House site pattas granted to thepetitioners in the year 1996 is cancelled is arbitrary, illegal without jurisdiction, inviolation of principles of natural justice and consequently set aside the proceedingsin 838A dated 23-12-2004 of the Mandal Revenue Officer, Podalakur Mandal,Podalakur,Nellore District.
For the Petitioners: MR.CH.CKRISHNA REDDY, Advocate For the Respondents: GP FOR REVENUE
The Court at the stage of admission made the following:
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Revenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of finally at the admission stage.
In this writ petition, petitioners are challenging the impugned order dated 23-12-2004passed by the second respondent in Proceedings No.838 A, in exercise of thepowers under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act,1977 (for short ‘the Act’) in respect of Plot Nos.2, 3 and 4 (each Ac.0-03 cents) in thelayout relating to Survey No.194 of Podalakur village. It is submitted that against theorders passed by the second respondent, petitioners already preferred appealbefore the first respondent on 29-12-2004, and also filed a petition to stay theoperation of the order of the second respondent, which are pending on the file of thefirst respondent. Assailing the action of the first respondent in not passing any orderson the stay petition filed in the appeal, the petitioners filed this writ petition.
In the circumstances, the writ petition is disposed of at the stage of admissiondirecting the first respondent to consider the appeal and the stay petition said tohave been filed by the petitioners and pass appropriate orders either on the staypetition or on the appeal, in accordance with law. Till passing of such orders, statusquo obtaining as on today shall be maintained.
Date: 31-12-2004
____________
N.V.RAMANA, J
Svv
To
1 The Revenue Divisional Officer, Nellore, Nellore District.
2 The Mandal Revenue Officer, Podalakur Mandal, Podalakur, Nellore District.
3 Two C.Cs to the Government Pleader for Revenue, High Court Buildings, A.P.,Hyderabad (OUT).
4 Two C.D.copies.