Telangana High Court
WP/24756/2004 of Cheboina Nagamuneendrarao Vs The Dist Collector, Eluru 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. 24756 of 2004 Between: 1 Cheboina Nagamuneendrarao S/o Veeraiah Siddapuram, Akiveedu
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. 24756 of 2004
Between:
1 Cheboina Nagamuneendrarao S/o Veeraiah Siddapuram, Akiveedu Mandal, West Godavari District AP.
2 Cheboina Madhanavathi W/o Nagamuneendrarao Siddapuram, Akiveedu Mandal, West Godavari District AP. Siddapuram, Akiveedu Mandal, West Godavari District AP.
AND
..... PETITIONERS
1 The Dist Collector, Eluru West Godavari District.
2 The Sub-Collector , Narasapuram, West Godavari District.
3 Mandal Revenue Officer, Akividu Mandal, West Godavari Dist.
4 The Panchayat Secretary, Akividu Gramapanchyat, Akividu, Akividu Mandal, West Godavari District. 5 The Sri Rama Associates Firm, rep.by its Managing Partner Jampana subramanyam Raju S/o Venkata Narasimha Raju.
.....RESPONDENTS
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 an appropriate writ, order or direction , more particularly one in the nature ofWrit of Mandamus declaring the in action of the respondent 1 to 4 considering therespondents dt. 25/08/2003, 01/11/2004, 09/06/2003, 28/04/2003, 29/04/2003,16/06/2003, 21/08/2003,and 22/12/2004 as per law as, illegal, arbitrary and violationof provisions of constitution of India and further direct the Respondents 1 to 4consider the petitioner above Representations within 10 days as per law.Counsel for the Petitioner : Mr.T.V.V.KOTESWARA RAO
Counsel for Respondents 1 to 4 : G.P. FOR REVENUE
The Court 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.
The case of the petitioners is that they are living in Siddapuram village by cultivatingthe land to an extent of Ac.1.50 in Survey No.105/1B of Dharmapuram village, andthat the fifth respondent had earlier constructed two Ice factories adjacent to thepetitioners land without any permission and sanction of respondents 1 to 4 and dueto the waste and salt water of the said Ice factories, the neighbouring lands includingthe land of the petitioners were effected badly. It is stated that the fifth respondent isalso proposing to construct two more Ice factories in Survey No.105/2, 105/3,105/2B, 105/4, 105/11 without the permission and sanction of the statutoryauthorities. Therefore, petitioners along with neighbours, have made representationsdated 28.4.2003, 29.4.2003, 9.6.2003, 16.6.2003, 25.8.2003, 21.8.2004, 1.11.2004,and 22.12.2004 to the respondents 1 to 4 requesting to take action against fifthrespondent. Since, no action was taken pursuant to the representations made by thepetitioners, the present writ petition is filed.
Since, the representations of the petitioners stated to have made on 28.4.2003,29.4.2003, 9.6.2003, 16.6.2003, 25.8.2003, 21.8.2004, 1.11.2004, and 22.12.2004are pending consideration, without going into the merits of the matter, I deem itappropriate to dispose of the writ petition directing the respondents 1 to 4 to considerthe above representations and after affording reasonable opportunity to all theconcerned, pass appropriate orders in accordance with law, as expeditiously aspossible.
The writ petition is accordingly disposed of. No costs.
Date: 30.12.2004
TVK/DA
_____________
N.V.RAMANA, J
To
1 The Dist Collector, Eluru West Godavari District.
2 The Sub-Collector, Narasapuram, West Godavari District.
3 The Mandal Revenue Officer, Akividu Mandal, West Godavari Dist.
4 The Panchayat Secretary, Akividu Gramapanchyat, Akividu, Akividu Mandal, West Godavari District. Akividu Mandal, West Godavari District.
5 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).
6 Two CD copies.