Telangana High Court

WP/28339/2008 of Sri Thulasi Dhama Vrudha Ashramam, Vs The Joint Collector, Anantapur. on 29 December 2008

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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 MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28339 of 2008 Between: Sri Thulasi Dhama Vrudha Ashramam, Rep. by its

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 MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28339 of 2008

Between:

Sri Thulasi Dhama Vrudha Ashramam, Rep. by its Secretary, R. Thimmappa, S/o. Rangappa, Aged about 42 Years, ChatramVillage, Madakasira Mandal, Anantapur District.

..... PETITIONER

AND

1 The Joint Collector, Anantapur.

2 The Revenue Divisional Officer, Penukonda, Anantapur District.

3 The Tahsildar, Madakasira, Anantapur District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue an order or directions more particularly one in thenature of Writ of Mandamus declaring the action of the respondent in notgranting stay against the orders passed by 1st and 2nd respondents isillegal, arbitrary, against law and consequently direct the respondents toset aside the orders passed byt he 3rd respondent in Rc.NO. 70/2008 (c0dated 26-2-2008 and as confirmed the same by the 2nd respondent inD.Dis.No. D/401/2008 dated 4-9-2008 and pass Counsel for the Petitioner:MR.INENIVENKATA PRASAD

Counsel for the Respondent No.: GP FOR REVENUE

The Court made the following :

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKARWrit Petition No. 28339 of 2008

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Order:

The grievance of the petitioner is that he had filed a statutory appealbefore the Collector, Anantapur District, and the proceedings of theCollector in RC/(E2)/8635/2008, dated 24.10.2008 are produced in thewrit petition as Ex.P1. The said appeal has been admitted withoutgranting any status quo order. The petitioner submits that they haveestablished a Vrudhashram on the land in question and that they have asubstantial case in the appeal. According to the petitioner they are inpossession of the property from the year 2002 and as such in the absenceof any orders protecting their possession, they would be dispossessedfrom the Ashramam. Learned counsel for the petitioner, therefore, submitsthat since the appeal is admittedly entertained and pending with theCollector, status quo as existing with respect to the said Ashramam becontinued pending the said appeal.

Heard learned counsel for the petitioner and learned GovernmentPleader for respondents and on their consent, this writ petition is beingdisposed of at this stage, in view of limited grievance of the petitioner.

It is true that the appeal is entertained. But, the Collector hasadmitted the appeal without granting any status quo order. Since the saidappeal is against the order of the Revenue Divisional Officer dated04.09.2008, whereunder the Tree patta granted to the petitioner by theMandal Revenue Officer was cancelled and the Tahsildar was directed to take possession, the Collector ought to have granted status quo pendingthe appeal. While entertaining the appeal but refusing to grant status quowould render the appeal infructuous. In the circumstances, I deem itappropriate to direct the Collector, Anantapur District, to hear and disposeof the said appeal expeditiously, and in the meanwhile the order of theRevenue Divisional Officer dated 04.09.2008, which is subject matter ofthe appeal before the Collector, shall remain stayed.

Accordingly, the writ petition is disposed of. No costs.

_________________________

VILAS V. AFZULPURKAR, J.

Date: 29.12.2008Nsr

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