Telangana High Court

WP/27724/2007 of Kona Ramanamma, Vs District Collector, Kadapa. on 26 December 2007

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V. ESWARAIAH WRIT PETITION No.27724 of 2007 Date: December 26, 2007 Between: Kona Ramanamma. … Petitioner And 1. District Collector, Kadapa, and 2 others. … Respondents * * * ORDER: It is the case of the petitioner that as against the resumption orders passed by the Tahsildar,

HON’BLE SRI JUSTICE V. ESWARAIAH

WRIT PETITION No.27724 of 2007

Date: December 26, 2007

Between:

Kona Ramanamma. … Petitioner

And

1. District Collector, Kadapa,

and 2 others. … Respondents

* * *

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ORDER:

It is the case of the petitioner that as against the resumptionorders passed by the Tahsildar, Badvel Mandal, in Ref.A/790/2007,dated 10.10.2007 resuming the land in an extent of Ac.1-61 cents insurvey No.53/4 of C.Kothapalle village, Badvel Mandal, KadapaDistrict on the ground that the said land was assigned in favour of thepetitioner Kona Ramanamma, but one Papudippu Mallikarjuna Reddywas found in possession of the said land and as the assigned landsare not alienable, the petitioner filed an appeal before the RevenueDivisional Officer and pending disposal of the appeal the stayapplication filed has been dismissed by order dated 26.11.2007 inRef.B/1332/07. Aggrieved by the said action, the writ petition hasbeen filed contending that petitioner is in possession and the said landis not in possession of Papudippu Mallikarjuna Reddy.

2. I am not inclined to express any opinion on merits of the case, asthe statutory appeal is pending before the second respondent. Therefore, it is just and proper to protect the interest of the petitionerpending disposal of the appeal.

3. Having regard to the facts of the case, the writ petition isdisposed of directing the second respondent to dispose of the main appeal itself filed by the petitioner against the orders of the Tahsildar,Badvel Mandal, in Ref.A/790/2007, dated 10.10.2007. Pendingdisposal of the appeal petitioner shall not be dispossessed. No costs.

Date: December 26, 2007.

BSB

___________________

(V. ESWARAIAH, J)

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