Telangana High Court
WP/24764/2004 of Smt. Gunja Ramanamma Vs The Mandal Revenue Officer, 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 SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24764 of 2004 Between: Smt. Gunja Ramanamma W/o Tirupalu Venkatapuram Village & Mandal
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 SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.24764 of 2004
Between:
Smt. Gunja Ramanamma W/o Tirupalu Venkatapuram Village & Mandal Khammam District.
AND
..... PETITIONER
The Mandal Revenue Officer, Venkatapuram , Khammam District.
.....RESPONDENT
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 an appropriate writ, order or direction, more particularly one in the nature ofWrit of Mandamus, declaring the action of the respondent and his subordinates intaking steps to dispossess the petitioner and also contemplating to assign the sameland to third parties in respect of the dry land admeasuring Ac. 4.78 cts in sy.no.101,situated at Venkatapuram Village & mandal of Khammam district without issuing anynotice and without initiating any proceedings is illegal, arbitrary and violative ofprinciples of natural justice and consequently direct the respondent and hissubordinates not to dispossess the petitioner from the said land.
Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR
Counsel for the Respondent: GP FOR REVENUE
The Court, at the admission stage, made the following:
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ORDER:
The petitioner claims to be in possession and enjoyment of dry landadmeasuring Ac.4.78 cents situated in Survey No.101 of Venkatapuram village andMandal, Khammam District under D Form patta issued by the respondent-MandalRevenue Officer dated 10.02.2001. The grievance of the petitioner is that therespondent-Mandal Revenue Officer without issuing any notice and withoutconducting enquiry by following due process of law, is now trying to dispossess herfrom the land in question and to assign the same to third parties. Hence, she filed thepresent writ petition.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed to dispose of the writ petition at the admission stage.
Having regard to the facts and circumstances of the case, without going into themerits of the matter, I deem it appropriate to dispose of the writ petition with adirection to the respondent-Mandal Revenue Officer to conduct an enquiry i.e., byissuing notice to the petitioner and affording an opportunity of hearing to her, andpass appropriate orders in accordance with law. Till the enquiry is completed andfinal orders are passed, status quo existing as on today shall be maintained.
With the above direction, the writ petition is disposed of. No costs.
Date: 30.12.2004Nsr/Tvk
________________
(N.V. RAMANA, J)
To
1 The Mandal Revenue Officer, Venkatapuram , Khammam District.
2 Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT)
3 Two CD copies.