Telangana High Court
WP/25235/2004 of G.Ramakrishnaiah Vs The Commissioner of Land Administration (Surveys AND on 31 December 2004
HIGH 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 : 25235 of 2004 Between: 1. G.Ramakrishnaiah S/o G.Nagaiah R/o R.Mallavaram (V)
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 : 25235 of 2004
Between:
1. G.Ramakrishnaiah S/o G.Nagaiah
R/o R.Mallavaram (V) Kummarapalli (P) Renigunta (M) Chittoor District. Chittoor District.
2. K.Sundarami Reddy S/o K.Chinnapu Reddy Kummarapalli (P) Renigunta (M) Chittoor District. Chittoor District.
AND
... PETITIONERS
1 The Commissioner of Land Administration (Surveys & Settlements) Nampally, Hyderabad.
2 The District Collector, Tirupathi,
Chittoor District.
3 The Mandal Revenue Officer Renigunta Mandal, Chittoor District.
4 K.Lingamunipillai S/o
Kummarapalli(P) Renigunta(M),
Chittoor district.
5 T.Krishnapillai S/o
D.No.20-1-142/5 Korlagunta, Tirupathi,
..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 to Issue awrit, order or direction more particularly one in the nature of Writ of Mandamus, declaringthe action of the respondents as illegal, arbitrary and void and consequentially direct therespondents 1 to 3 to cancel the Patta No.TQR-7958/77 and re-allot the Thukki GangammaGunta land in Sy.No.306/1 to an extent of 3.15 acres to Gangamma Temple of R.Mallavaram Village, Renigunta Mandal, Chittoor District.
Counsel for the Petitioners: K.ARUNA
Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE
The Court made the following:
HONOURABLE SRI JUSTICE N.V.RAMANA
WRIT PETITION NO.25235 OF 2004
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderand with their consent the writ petition is disposed of at the admission stage.
This writ petition is filed seeking a Writ of Mandamus declaring the action of therespondents as illegal, arbitrary and void and consequentially direct the respondents1 to 3 to cancel the Patta No.TQR-7958/77 and re-allot the Thukki GangammaGunta land in Sy.No.306/1, to an extent of 3.15 acres, of Gangamma Temple ofR.Mallavaram Village, Renigunta Mandal, Chittoor District.
The case of the petitioners is that there exists a temple viz.,Gangamma Temple intheir village R.Mallavaram and adjacent to it there is a Gunta in an extent of 3.15acres, called ‘Thukki Gangamma Gunta’, which is being used by the villagers whileoffering their prayers and while conducting Jathara from innumerable years. Thetemple land was settled in favour of late K.Raghupathipillai and fourth respondentvide proceedings No.TQR-7958/77. The further case of the petitioner is that the saidRaghupathipillai and the fourth respondent were never in possession of the landand that the temple land cannot be alienated. That the villagers made number ofrepresentations to the authorities to cancel the above settlement pattas and vest theland to the temple, but the authorities did not heed to their request. While the matterstood thus, the fifth respondent made attempts to occupy the said land and levelled it, and he is contemplating to cultivate the said land. In spite of the protest from thevillagers, the fifth respondent made attempt to block the way to go over to the temple,as such the petitioners approached this Court by way of this writ petition.
The main grievance of the petitioners is that the fifth respondent is trying to encroachthe temple land - ‘Thukki Gangamma Gunta”. Settlement patta in respect of the landin question, is said to have been granted in favour of the fourth respondent and onelate K.Raghupathipillai. According to the petitioners, neither the fourth respondentsnor late K.Raghupathipillai were in possession of the land and that land being thetemple land cannot be alienated. Petitioners made representation dated 09-09-2004,to the second respondent-District Collector, requesting cancellation of the said patta.
In view of the facts and circumstances, I deem it appropriate to direct therespondents to consider the representation, dated 09-09-2004, stated to have beenmade by the petitioners and pass appropriate orders thereon, only after issuingnotice to the fourth respondent and also after giving opportunity to the fourthrespondent to put forth his case.
With the above observations, the writ petition is disposed of. No order as to costs.
31.12.2004
Mdaa
To
1 The Commissioner of Land Administration (Surveys & Settlements) Nampally, Hyderabad.
2 The District Collector, Tirupathi, Chittoor District. Chittoor District.
3 The Mandal Revenue Officer Renigunta Mandal, Chittoor District.Chittoor District.
4. 2CCs to the G.P. for Revenue, High Court of A.P., Hyderabad (OUT)
5. 2CD copies