Telangana High Court
WP/27918/2007 of Mopuru Bujjamma Vs The Joint Collector,Nellore on 27 December 2007
SRI JUSTICE V.ESWARAIAH WRIT PETITION No.27918 of 2007 Between: Mopuru Bujjamma and others. .. PETITIONERS and The Joint Collector, Nellore and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.27918 of 2007 ORDER: It is the case of the petitioners that
Between:
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No.27918 of 2007
Mopuru Bujjamma and others. ..PETITIONERS
and
The Joint Collector, Nellore and others.
..RESPONDENTS
THE HON’BLE SRI JUSTICE V.ESWARAIAH
WRIT PETITION No.27918 of 2007
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ORDER:
It is the case of the petitioners that against the resumption orderpassed by the 2[nd] respondent in proceedings in Rc.No.2882(CJFS)/2004,dated 28-08-2004, in resuming the lands admeasuring Ac.0-70 cents inSy.No.22-07, Ac.0-52 cents in Sy.No.39-1-2F, Ac.0-52 cents in Sy.No.39-1-2H, Ac.0-70 cents in Sy.No.22-9 and Ac.0-70 cents in Sy.No.22-6respectively situated at Kondlapudi Village, Nellore Rural Mandal, NelloreDistrict, on the ground that the original assignees violated the conditions ofassignment and some third parties were found in possession of the lands inquestion, the petitioners filed an appeal before the Joint Collector, Nellore-1[st]respondent. The 1[st] respondent through order, dated 22-01-2006, inproceedings D.Dis.(E1).1241/2005, dismissed the appeal holding that theoriginal assignees violated the conditions of the assignment and some thirdparties were found in possession of the assigned lands. Aggrieved by thesame, the petitioners filed a revision before the Commissioner of Appeals,Government of Andhra Pradesh, Hyderabad, on 17-08-2006. It is stated thatpending disposal of the revision, the respondents are taking steps todispossess the petitioners from the lands in question.
Admittedly, the original order as well as the appellate order goes toshow that the petitioners were not in possession of the lands in question.Therefore, the question of dispossessing the petitioners from the lands inquestion does not arise. Hence, the writ petition does not find any merit andthe same is liable to be dismissed.
Accordingly, the writ petition is dismissed with liberty to pursue therevision said to have been pending before the Commissioner of Appeals,Government of Andhra Pradesh, Hyderabad. There shall be no order as tocosts.
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27-12-2007