Telangana High Court
WP/24717/2004 of Bakkamunthala Venkataramanaiah, Vs Joint Collector, Nellore. on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24717 of 2004 Between: Bakkamunthala Venkataramanaiah, S/o Subbaiah, R/o Chennur Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24717 of 2004
Between:
Bakkamunthala Venkataramanaiah, S/o Subbaiah,R/o Chennur Village, Dagadarthi Mandal, Nellore District.
AND
..... PETITIONER
1 The Joint Collector, Nellore.
2 The Revenue Divisional Officer, Kavali.
3 The Mandal Revenue Officer, Dagadarthi Mandal, 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 will be pleased toissue an order, writ or direction more particularly a Writ of Mandamus Under Article226 of Constitution of India declaring the action of the action of 1st respondent in notconsidering the stay petition filed along with the statutory appeal dated 17-12-2004filed against the orders of the 2nd respondent in his proceedings Rc.No. 2410/2004dated 12-10-2004 served on the petitioner on13-12-2004 in respect of an extentAcs.3.96 cents in Survey No. 740-3 & 740-4 of Chennur Village, DagardarthiMandal, Nellore District pending the statutory appeal, the further action of therespondents 2 and 3 in seeking to dispossess the petitioner from the above saidextent of land as illegal, arbitrary unjust and consequently suspend the orders of the2nd respondent in his proceedings Rc.No. 2410/2004 dated 12-10-2004 pendingthe appeal before the first respondent.
Counsel for the Petitioner: Mr.P.SRIDHAR REDDYCounsel for Respondents : G.P. FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue 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, petitioner is challenging the order dated 12-10-2004 passed by the second respondent in R.C.No.2410/2004 in respect ofAc.4.08 cents of dry land comprised in Sy.Nos.738-1, 738-2 and Ac.3.96 cents inSurvey Nos.740-3 and 740-4 situated in Chennur village, Dagadarthi Mandal,Nellore District. The impugned orders were passed by the second respondent inexercise of the powers under the provisions of A.P. Assigned Lands (Prohibition ofTransfers) Act, 1977 (for short ‘the Act’). It is submitted that against the orderspassed by the second respondent, petitioner already preferred an appeal before thefirst respondent under Section 5 of the Act, which is pending on the file of the firstrespondent and the respondents are trying to evict the petitioner without passing anyorders on the appeal.
In the circumstances, the writ petition is disposed of directing the first respondent toconsider the appeal and the stay application said to have been filed by the petitionerand pass appropriate orders either on the stay application or the appeal, inaccordance with law. Till passing of such orders, status quo obtaining as on todayshall be maintained.
The writ petition is accordingly disposed of at the admission stage. No costs.
_____________
N.V.RAMANA, J
To
1 The Joint Collector, Nellore.
2 The Revenue Divisional Officer, Kavali, Nellore district.
3 The Mandal Revenue Officer, Dagadarthi Mandal, Nellore District.
4 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).
5 Two CD copies.