Telangana High Court
WP/24766/2004 of Sure Sundaramma, Vs Revenue Divisional 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 Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24766 of 2004 Between: Sure Sundaramma, w/o late Subbaramaiah, R/o Mallamgunta H/o
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 Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24766 of 2004
Between:
Sure Sundaramma, w/o late Subbaramaiah,R/o Mallamgunta H/o Tirupathi Rural Mandal, Chittoor District. ..... PETITIONER
AND
Revenue Divisional Officer, Tirupathi,
Chittoor District. .....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue a writ order or direction more in the nature of writ of mandamus declaring theaction of the respondent in not disposing the appeal dt.25-10-2004 pending beforethe respondent as illegal, arbitrary, unconstitutional and in violation of Art.14, 21 and300-A of the Constitution of India and contrary to the principles of natural justice andconsequently direct the respondent not to interfere with the peaceful possession andenjoyment of the petitioner property situated Avilala Village Accounts, TirupathiRural Mandal, Chittoor District in Sy.No.494/4 of an extent of Ac.2.53 cents.
Counsel for the Petitioner : Mr.P.JAGADISH CHANDRA PRASAD
Counsel for Respondents : G.P. FOR REVENUE
The Court at the admission stage, made the following :
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ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of finally at the admission stage.
Assailing the action of the respondent in not passing any orders on the appealpreferred by the petitioner on 18.8.2004, the present writ petition is filed.
The petitioner claims to be in possession of land to an extent of Ac.2-54 cents inSurvey No.494/4 of Avilala village, Tirupathi Rural Mandal, Chittoor district by virtueof D.K.T. patta No.120/IV/1364 dated 12.3.1954 granted to her family members thatthey are in possession of the said land by cultivating the same. It is stated that whenthe Mandal Revenue Officer initiating proceedings dated 27.8.2004 for cancellationof the said patta, she preferred appeal before the respondent and the same ispending. It is stated that the respondent authorities are trying to evict the petitionerwithout passing any orders on the appeal. Being aggrieved by the same, the presentwrit petition is filed.
In the circumstances, the writ petition is disposed of directing the respondent toconsider and dispose of the appeal said to have been filed by the petitioner, inaccordance with law, expeditiously, if not already disposed of.
The writ petition is accordingly disposed of at the admission stage. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
1. The Revenue Divisional Officer, Tirupathi, Chittoor District.
2 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).
3 Two CD copies.