Telangana High Court
WP/27995/2008 of Bodepudi Hanumantha Rao, Vs The Revenue Divisional Officer, on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.27995 of 2008 Between: Bodepudi Hanumantha Rao, s/o. Venkaiah, r/o. Konuru Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAOWRIT PETITION No.27995 of 2008
Between:
Bodepudi Hanumantha Rao, s/o. Venkaiah,r/o. Konuru Village, Atchampet Mandal, Guntur District.
AND
..... PETITIONER
1 The Revenue Divisional Officer, Guntur, Guntur District.
2 The Tahsildar, Atchampet Mandal, Guntur District.
3 The District Collector, Guntur District, Guntur
.....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 order or direction, more particularly one inthe nature of Writ of Mandamus declaring failure of the 1st RespondentAppellate authority-cum-RDO, Guntur in not disposing off petitioner'sinterim application in the Appeal filed against the orders of the 2ndRespondent - Tahsildar passed through Rc.No.311/08-A, dated 16-5-2008 as illegal, arbitrary, unconstitutional and against to the principles ofnatural justice.
Counsel for the Petitioner: MR.B.CHINNAPA REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court made the following:
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.27995 of 2008
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
Petitioner filed appeal under Section 5-A of Andhra PradeshAssigned Lands (Prohibition of Transfers) Act, 1977 (the Act, for brevity)before first respondent against proceedings of second respondent in Rc.No.311/08-A, dated 16.5.2008, whereby and whereunder secondrespondent on an allegation that petitioner transferred assigned housesite under unregistered agreement in violation of terms of assignment,directed to resume land to Government. Though appeal is filed on23.10.2008, first respondent did not pass orders. When enquiry is madein his office, petitioner was informed that appeal papers are misplaced,and therefore, petitioner supplied another set of appeal papers. But, still,no orders are passed either in appeal or on stay application. Therefore,complaining inaction of first respondent, present writ petition is filed.
As the controversy is very narrow, after hearing learned Counselfor petitioner and learned Assistant Government Pleader for Revenue(General-Andhra Area), the writ petition is disposed of, directing firstrespondent to dispose of appeal/stay petition immediately, after receiptof a copy of this order. Petitioner is given liberty to approach firstrespondent with a copy of this order and file all necessary documentsbefore appellate authority.
The writ petition is accordingly disposed of. No costs.
December 24, 2008.
YS
______________
(V.V.S.RAO,J)
To
1 The Revenue Divisional Officer, Guntur, Guntur District.
2 The Tahsildar, Atchampet Mandal, Guntur District.
3 The District Collector, Guntur District, Guntur 4 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) Hyderabad (OUT)
5 Two CD copies.