Telangana High Court
WP/27453/2008 of Saraswathi Educational Society Vs 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 MS JUSTICE G.ROHINI WRIT PETITION NO : 27453 of 2008 Between: Saraswathi Educational Society Sanjeevareddy Nagar Hyderabad
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MS JUSTICE G.ROHINIWRIT PETITION NO : 27453 of 2008
Between:Saraswathi Educational Society Sanjeevareddy Nagar HyderabadRep.by its Secretary Sri M.Surayanarana Raju
..... PETITIONER
AND
District Collector Renga Reddy District Hyderabad
.....RESPONDENT
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 order or direction more particularly onein the nature of writ of Mandamus directing the to pass order in favourof the petitioner society for allotment of land Ac 9-03 guntas in S.No.16of Gandipet (V) Rajendranagar (M) Ranga Reddy District pursuant tothe report of the Mandal Revenue Officer Rajendra Nagar(M) dt 15-09-2006 recommending allotment of land in favour of the petitioner formarket value by declaring the inaction of the respondent in not passingorder on the recommendation of the Mandal Revenue Officer is highlyunjust and arbitrary.
Counsel for the Petitioner : MR. C.RAMACHANDRA RAJU
Counsel for the Respondent : GP FOR REVENUE
The Court made the following :
THE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION NO : 27453 of 2008
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ORDER :
This writ petition is filed aggrieved by the action of therespondents in not considering the representation of the petitioner society dated 22.10.2008 requesting allotment of the land in Sy.No.16of Gandipet Village for expansion of their institutions.
It is the case of the petitioner that in the year 2005 when thepetitioner society made a request for allotment of the land on paymentof market value, the Mandal Revenue Officer submitted a report dated15.09.2006 to the District Collector recommending allotment of Ac.9.03guntas of land situated in Sy.No.16 of Gandipet Village on payment ofmarket value. Having regard to the said report, the petitioner contendsthat the inaction on the part of the respondent in making the allotmentis arbitrary, illegal and unjustified.
I have heard the learned counsel for the petitioner and thelearned Government Pleader appearing for the respondent.
A copy of the report of the Mandal Revenue Officer,Rajendranagar Mandal, dated 15.09.2006 has also been placedbefore this Court by the petitioner society. In the circumstances,without expressing any opinion as to the entitlement of the petitionerfor allotment of the land in question, the Writ Petition is disposed ofwith a direction to the respondent to consider the representation of thepetitioner, dated 22.10.2008, in the light of the report of the MandalRevenue Officer, dated 15.09.2006, and pass appropriate orders inaccordance with law as expeditiously as possible preferably within aperiod of four weeks from the date of receipt of this order. No costs.
Dt. 29.12.2008 gbs-Note:CC tomorrow. (B/O) gbs ______________
G. ROHINI, J.