Telangana High Court
WP/28407/2008 of Sri Rambagh Shankaraiah Vs The District Collector on 29 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28407 of 2008 Between: 1 Sri Rambagh Shankaraiah S/o. Late Rambagh Narayana
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28407 of 2008
Between:
1 Sri Rambagh Shankaraiah S/o. Late Rambagh Narayana R/o. H.No. 1-25/1, Petbasheerabagh Village, Qutubullapur Municipality, R.R. District.
2 Sri Rambagh Narshima Swamy S/o. Late Rambagh Narayana R/o. H.No. 1-25/1, Petbasheerabagh Village, Qutubullapur Municipality, R.R. District.3 Rambagh Yadagiri S/o. Late Rambagh Narayana R/o. H.No. 1-25/1, Petbasheerabagh Village, Qutubullapur Municipality, R.R. District.4 Rambagh Nagender S/o. Late Rambagh Narayana R/o. H.No. 1-25/1, Petbasheerabagh Village, Qutubullapur Municipality, R.R. District.
3 Rambagh Yadagiri S/o. Late Rambagh Narayana 4 Rambagh Nagender S/o. Late Rambagh Narayana 5 Rambagh Narahari S/o. Late Rambagh Narayana R/o. H.No. 1-25/1, Petbasheerabagh Village, Qutubullapur Municipality, R.R. District.
..... PETITIONERS
AND
1 The District Collector Ranga Reddy District Office at Lakdikapul, Hyderabad.
2 The Special Deputy Collector and RDO. Ranga Reddy District, East Division At Mallakunta, Hyderabad.
3 The Deputy Collector and Tahsildar Qutubullapur Mandal Office at Qutubullapur, Ranga Reddy District.
4 The Green Land Association Club Rep. by B. Narsing Rao R/o. Petbasheerabad Village, Qutubullapur Municipality, R.R. District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate Writ, Order or Orders more particularly onein the nature of Writ of Mandamus declaring that the action of RespondentNo. 1 to 3 in not taking any action for correction of pahanies and resuming theland forming part of Sy.No. 25/1 admeasuring 3 acres 23 guntas situated atpetbasheerabad Village, Qutubullapur Mandal, R.R. District from theRespondent No.4 as being arbitrary, illegal and violative of Article 14, 19(1)(g), 21 and 300-A of the constitution of India and consequently direct theRespondents No. 1 to 3 to resume the lands in forming part of Sy. No. 25/1admeasuring 3 Acres 23 guntas situated at Petbasheerabad Village,Qutubullapur Mandal, R.R. District from the Respondent No. 4 after correctingthe entries in pahanies.
Counsel for the Petitioners:MR.VIJAY B.PAROPAKARI
Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE
Counsel for the Respondent No.4: None
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ORDER:
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO :28407 of 2008
Heard the learned counsel for the petitioners and the learnedGovernment Pleader.
With the consent of both the parties, the writ petition is being disposedof at the admission stage.
The grievance of the petitioners is with respect to Acs.3.23 guntas ofland forming part of Survey No. 25/1 situated at Petbasheerabad Village,Qutbullapur Mandal, Ranga Reddy District. Petitioners complain that the 4[th]respondent’s name is wrongly recorded in some of the revenue records andwhen they have approached for correction of the same, no action is taken bythe official respondents. The petitioners have produced the proceedings ofthe Deputy Collector and Tahsildar bearing No. A/2646/07, dated 10.4.2007addressed to the Collector, Ranga Reddy District with reference to the
Conclusion
application of petitioner No.3. Thereafter, the Collector under his letter No.E5/446/2007, dated 14.6.2007, has called for a detailed report from theSpecial Grade Deputy Collector & Revenue Divisional Officer. The saidreport is said to have been sent by the Special Grade Deputy Collector inOctober, 2007 and further report is also sent by the Deputy Collector on21.2.2008 vide proceedings No. A/2646/07. Petitioners submit that in spite ofthe reports being before the Collector, no orders are being passed on theapplication of the petitioners made in 2005.
In the circumstances, I deem it appropriate to dispose of this writ petitionby directing the 1[st] respondent to consider and dispose of the petitioners’application in the light of the reports submitted to him and on the basis of thematerial available in the official records, as expeditiously as possible,preferably, within a period of two months from today. The 1[st] respondentshall hear the affected parties if any, including Respondent No.4 beforepassing any orders. It is open for the petitioners to make furtherrepresentation, if they are so advised, so that the 1[st] respondent will considerthe entire matter and pass appropriate and reasoned orders.
The writ petition is accordingly disposed of. No costs.
DATE: 29[th] December, 2008
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VILAS V. AFZULPURKAR,J
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