Telangana High Court
WP/25104/2004 of Jogipeta Bagaiah, Vs The District Collector, 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 : 25104 of 2004 Between: 1 Jogipeta Bagaiah, S/o. Bhoomaiah, R/o. Jogipet Village, Andole
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. RAMANAWRIT PETITION NO : 25104 of 2004
Between:
1 Jogipeta Bagaiah, S/o. Bhoomaiah,
R/o. Jogipet Village, Andole Mandal, Medak District.
2 K. Srinivas, S/o. Late Kistaiah,
R/o. Jogipet Village, Andole Mandal, Medak District.
3 K. Ramulu, S/o. Balaiah,
R/o. Jogipet Village, Andole Mandal, Medak District.
4 R.K. Beeraiah, @ R.K. Beerappa, S/o. Balaiah, @ Balappa, R/o. Jogipet Village, Andole Mandal, Medak District.
5 Bala Mallaiah, S/o. Balaiah,
R/o. Jogipet Village, Andole Mandal, Medak District.
AND
.... PETITIONERS
1 The District Collector, Medak District, Sanga Reddy.
2 The Revenue Divisional Officer, Medak District, Sanga Reddy.
3 The Mandal Revenue Officer, Pulkal Mandal, Medak 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 writ order or direction one in the nature of writ of Certiorari calling for therecords relating to the proceedings No.B/61/97, dated. 03.11.2004 issued by the 3rdrespondent and quash the same as illegal arbitrary, unreasonable, unjustified andcontrary to article 14 of constitution of India and pass such other order or orders, asthis Hon'ble Court may deem fit and proper in the circumstances of the case.
For the Petitioners: MR.M.RATNA REDDY, Advocate For the Respondents: GP FOR REVENUE
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Revenue and with their consent the writ petition itself is disposed of at the stageof admission.
The petitioners seek to challenge the proceedings No.B/61/97, dated 03-11-2004issued by the third respondent-Mandal Revenue Officer ordering resumption of theGovernment lands assigned to the petitioner Nos.1, 3, 4, 5 and father of 2[nd]petitioner in Survey No.1576 admeasuring Ac.5-00 and in Survey No.1619 to anextent of Ac.8-25 cents situated at Chowtakur village, Pulkal Mandal of MedakDistrict, on the ground of violation of assignment conditions, as illegal and arbitrary.
The learned Government Pleader for Revenue appearing on behalf of therespondents submits that there is an alternative remedy of appeal available to thepetitioners before the Joint Collector against the impugned order passed by the thirdrespondent-Mandal Revenue Officer and the petitioner without exhausting theappeal remedy, approached this Court invoking the jurisdiction under Article 226 ofthe Constitution of India.
Having regard to the fact that the petitioners have alternative remedy by way ofappeal before the Joint Collector, it is open to them to avail the alternative remedy ofappeal before the Joint Collector within four weeks from today. Till such time, statusquo existing as on today shall be maintained.
The writ petition is disposed of accordingly at the stage of admission.
______________
N.V. RAMANA, J
Svv
To
1 The District Collector, Medak District, Sanga Reddy.
2 The Revenue Divisional Officer, Medak District, Sanga Reddy.
3 The Mandal Revenue Officer, Pulkal Mandal, Medak District.
4 Two C.Cs to the Government Pleader for Revenue, High Court Buildings,A.P.,Hyderabad (OUT).A.P.,Hyderabad (OUT).
5. Two C.D.copies.