Telangana High Court
WP/24231/2004 of Doma Ramesh, Vs The Collector, on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24231 of 2004 Between: 1 Doma Ramesh, s/o Ramachandram, R/o Budhipally, H/o Regulagudem
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24231 of 2004
Between:
1 Doma Ramesh, s/o Ramachandram, R/o Budhipally, H/o Regulagudem Village, Kataram Mandal, Karimnagar District.
2 Doma Mallaiah, s/o Rajaiah, R/o Budhipally, H/o Regulagudem Village, Kataram Mandal, Karimnagar District.
..... PETITIONERS
AND
1 The Collector, Karimnagar District.
2 The Mandal Revenue Officer, Kataram Mandal, Karimnagar District.
.....RESPONDENTS
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 preferably a writ in the nature of mandamus or any appropriate writ declaringthe action of respondents in trying to evict the petitioners from an extent of 1.29 gts.in Sy.No.181/4, situated at Regulagudem Village, Kataram Mandal, KarimnagarDistrict as illegal.
For the Petitioners: MR. A. RAJASEKHAR REDDY, Advocate.
For the Respondents: GP FOR REVENUE
The Court at the admission stage made the following :
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Revenue and with their consent the writ petition itself is disposed of at the stageof admission.
The grievance of the petitioners is that without considering their explanation, dated27-11-2004 submitted to the show-cause notice, dated 05-11-2004 issued by thesecond respondent-Mandal Revenue Officer, Kataram Mandal of KarimnagarDistrict, under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfers)Rules, 1977, the respondents are trying to evict the petitioners from the land to anextent of Ac.1-29 guntas in Survey No.181/4 of Regulagudem village, KataramMandal of Karimnagar District, which is arbitrary and illegal.
Having regard to the facts and circumstances of the case, I deem it appropriate todirect the second respondent to consider the explanation submitted by thepetitioners, dated 27-11-2004 to the show-cause notice, dated 05-11-2004 issued byhim, and pass appropriate orders thereon in accordance with law. Till passing ofsuch orders, status-quo existing as on today shall be maintained. If the respondentshave already passed orders considering the explanation of the petitioners, they areat liberty to proceed in the matter as per the decision taken thereon.
Accordingly, the writ petition is disposed of at the stage of admission.
______________
N.V. RAMANA, J
Date: 27-12-2004
Note:
Issue C.C. by tomorrow
(Bo)
Svv
To
1 The Collector, Karimnagar District.
2 The Mandal Revenue Officer, Kataram Mandal, Karimnagar District.
3 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).Buildings, A.P., Hyderabad (OUT).
4 Two CD copies.