Telangana High Court
WP/7125/1996 of Sri V.Gangi Reddy Vs The Dist. Collector on 26 December 2005
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO : 7125 of 1996 Between: Sri V.Gangi Reddy S/o. Basappa r/o. Mallikethi (V), D.Hirehal
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND FIVE
PRESENT
THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU
WRIT PETITION NO : 7125 of 1996
Between:
Sri V.Gangi Reddy S/o. Basappar/o. Mallikethi (V), D.Hirehal (M),Anantapur Dist.
AND
1 The Dist. Collector
Anantapur Dist.
2 The Revenue Divisional Officer Dharmavaram Anantapur Dist. Dharmavaram Anantapur Dist.
3 The Mandal Revenue Officer
D.Hirehal (M), Anantapur Dist.
Counsel for the Petitioner: MR.B.PURSHOTHAM REDDYCounsel for the Respondents: G.P. FOR REVENUE
..... PETITIONER
.....RESPONDENTS
The Court made the following :ORAL ORDER:
The grievance of the petitioner is about the proposal to acquirehis land for providing house sites to the weaker sections of thesociety for a second time. It is his case that Ac.3.25 cents in S.Nos.412 B-1A, C-1A, EF-1A belonging to him was acquired for providinghouse sites to the weaker sections of the society earlier, and thatrespondents are now trying to acquire the remaining Ac. 3-25 cents inS.Nos. 412 B-1B, 412 C-1B, 412 D-1B and 412 EF-1B of Mallikethivillage also for the very same purpose.
Though the petition was filed in the year 1996, no counter affidavit isfiled on behalf of respondents.
Since a part of the land belonging to the petitioner was alreadyacquired for providing house sites to the weaker sections of thesociety, acquiring his remaining property for the same purpose againand bringing him down to the status of a landless poor person wouldbe violative of Article 14 of the Constitution of India, as held by adivision bench of this Court in K.Ramulu Vs. State of A.P..
Therefore, the writ petition is allowed with costs and the proceedings to acquire Ac.3-25 cents in 412 B-1B, 412 C-1B, 412 D-1B and 412EF-1B of Mallikethi village, belonging to the petitioner are quashed.
26-12-2005
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C.Y.SOMAYAJULU, J.
Kvsn
That Rule Nisi has been made absolute as above.
Witness the Hon’ble Sri G.S. Singhvi, the Chief Justice on this Monday,26[th] Day of December Two Thousand and Five.
REGISTRAR