WP/28062/2005 of Boya Bheemappa Vs The Revenue Divisional Officer, Dharmavaram on 30 December 2005

ORDER:

WRIT PETITION NO.28062 OF 2005

The land admeasuring Acs.2.08 in S.No.133-2 of Polepalli Village was assigned toone R.Abdul Rawoof. The petitioner purchased the same allegedly prior to cominginto force of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and made arepresentation to second respondent seeking transfer of the patta in his name, whichwas allegedly done. It appears, on a complaint made by third respondent to theeffect that there is a passage in the middle of the land of the petitioner, secondrespondent issued a notice dt.3.8.2004 requesting the petitioner to appear beforehim with material evidence. Though it is a notice requiring the petitioner to appearfor enquiry, curiously, the petitioner approached the first respondent and filed anappeal on 19.8.2004. The grievance of the petitioner in this Writ Petition is that said appeal has not been disposed of by first respondent. The petitioner seeks a directionto the first respondent in that regard.

After perusing the necessary material placed before this Court and hearing thelearned counsel for the petitioner and the learned Assistant Government Pleader forRevenue (General), this Court is convinced that the Writ Petition is whollymisconceived. First, the petitioner could not have filed appeal against notice ofenquiry issued by second respondent. Secondly, the petitioner has not evenappeared before second respondent to place his case that there is no passage wayin the land which he purchased from Abdul Rawoof. In that view of the matter, I donot find any illegality in first respondent not passing orders in the appeal. Appealagainst notice does not lie.

The Writ Petition with the above observations is accordingly dismissed.

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(V.V.S.RAO, J)30.12.2005

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