Telangana High Court
WP/27243/2008 of Dwarapareddy Nookeshwar Rao Vs The District Collector, on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27243 of 2008 Between: Dwarapareddy Nookeshwar Rao S/o. Appalanaidu
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IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT
PRESENT
HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEAnd HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 27243 of 2008
Between:
Dwarapareddy Nookeshwar Rao S/o. Appalanaidu R/o.H.No.11-39, Kaspa Veedi, Kasimkota Village & Mandal,Visakhapatnam District.
..... PETITIONER
AND
1 The District Collector, Visakhapatnam District, Visakhapatnam.
2 The Tahsildar, Kasimkota Mandal, Kasimkota, Visakhapatnam.
3 Village Secretary, Kasimkota Village, Kasimkota Mandal, Visakhapatnam.
4 The Sarpanch, Kasimkota Village, Kasimkota Mandal, Visakhapatnam.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ, or order direction particularly one in thenature of Writ of Mandamus directing the respondents No.1 and 2 not toissue any house site pattas in Sy.No.110/1 and 111/2, of KasimkotaVillage and Mandal, Visakhapatnam and declare the action ofrespondents as illegal, arbitrary, violation of principals of natural justiceand without jurisdiction, in the interest of justice.
Counsel for the Petitioner : MR.K.ANTHONY REDDY
Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURALDEV.
The Court made the following :
ORDER:(Per Hon’ble Sri Anil R.Dave, CJ)
The grievance which has been ventilated in this writpetition is with regard to grant of some panchayath land infavour of some persons who are not parties to this writpetition.
In pursuance of notice issued by this Court, thelearned Government Pleader has appeared and hassubmitted that the land which is subject matter of the writpetition, belongs to Government and pattas have also beenissued in respect of the said land in pursuance ofIndiramma Housing Scheme. It is clarified that the land inquestion does not belong to panchayath and it nevervested with the panchayath.
In addition to the above fact, the persons in whosefavour the pattas have been granted, have not been madeparties to this writ petition.
In the aforesaid circumstances, we do not find anysubstance in the allegations levelled in the writ petition,and, therefore, the writ petition is rejected.
_________________
ANIL R. DAVE, CJ
26[th] December 2008
______________________
ajr
R. SUBHASH REDDY, J