Telangana High Court

WP/23688/2004 of Nehru Harijana Mahila Mandali (Regd NO. 142/79) Vs The District Collector, Guntur on 28 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 23688 of 2004 Between: Nehru Harijana Mahila Mandali (Regd NO. 142/79) rep by its

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 23688 of 2004

Between:

Nehru Harijana Mahila Mandali (Regd NO. 142/79) rep by its President Smt. ModduAnjamma W/o VenkaiahChilakaluripet, Guntur District

..... PETITIONER

AND

1 The District Collector, Guntur District, Guntur 2 The Revenue Divisional Officer, Narsaraopet Division Narasaraopet, Guntur District 3 The Secretary, Social Welfare Department, Government of A.P.

Secretariat, Buildings, Hyderabad

4 The Mandal Revenue Officer, Chilakularipet, Guntur District

....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue a Writ, order or direction more particularly one in the nature of Writ ofMandamus, directing the respondents to provide house sites to the members of theNehru Harijana Mahila Mandali, Chilakaluripet by allotting house sites in Sy. Nos.178/A2, 184/A1, 184/A/2A, 184/A-2B, 184-A3A, 184A3B, 184/B, 185/1A/A, 185/1C/Aall measuring Ac. 15-11- cents for which 4 (1) Notification 6 Declaration and awardalso passed by the authorities.

Counsel for the Petitioner: MR.P.RAMABRAHMAM

Counsel for the Respondents: GP FOR REVENUE

The Court, at the admission stage, made the following:

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ORDER:

This writ petition is filed seeking to direct the respondents to provide house sites tothe members of the petitioner-Nehru Harijana Mahila Mandali, Chilakaluripet inSurvey Nos.178/A2, 184/A1, 184/A/2A, 184/A-2B, 184/A-3A, 184/A-3B, 184/B,185/1A/A, 185/1C/A admeasuring Ac.15.11 cents for which 4(1) Notification,declaration under Section 6 of the Land Acquisition Act, and Award was passed bythe authorities.

The grievance of the petitioner-Society is that even though land acquisitionproceedings were initiated long back for providing house sites to the members of thepetitioner-Society in the above said survey numbers, due to inaction of therespondents, the same has not been materialized so far and the value of the saidland has gone up. That the Mandal Revenue Officer is now proposing to providehouse sites to the members of the petitioner-Society in Survey No.27 ofPurushothapatnam village, which is not useful for construction of houses. Hence, thepresent writ petition is filed seeking a direction to the respondents to provide housesites to the members of the petitioner-Society in Survey Nos.178, 184 and 185measuring Ac.15.11 cents for which 4 (1) Notification, and declaration under Section6 of the Land Acquisition Act were passed by the authorities.

Heard the learned counsel for petitioner and learned Government Pleader forRevenue.

Learned Government Pleader for Revenue, on instructions, submitted that because of the escalation of prices, the respondents are not in a position to provide housesites in the particular area where the petitioner-Society is seeking to acquire theland. He further submitted that the Mandal Revenue Officer, Chilakaluripet hasissued letters calling upon the petitioner to attend before him to identify thebeneficiaries for providing house site pattas to them in Survey No.27 ofPurushothapatnam village, but the petitioner without appearing before the MandalRevenue Officer, is insisting for allotment of house sites at Nallakunta surroundingsonly adjoining to Chilakaluripet-Narasaraopet Highway Road, which is costly area. Because of non-cooperation of the petitioneronly, the respondents are not in a position to acquire and disburse the lands to themembers of the petitioner-Society.

However, learned counsel for the petitioner disputed the issuing of notice to thepetitioner by the Mandal Revenue Officer.

Having regard to the facts and circumstances of the case, without going into themerits of the matter, I deem it appropriate to dispose of the writ petition with thefollowing directions.

The Revenue Divisional Officer, Narasaraopet is directed to issue registered noticeto the petitioner calling upon her to appear before him on a particular date, and onreceipt of said notice the petitioner shall appear before the Revenue DivisionalOfficer and cooperate in providing house sites to the members of the petitioner-Society.

With the above observation, the writ petition is disposed of at the admission stage.No costs.

Date: 28.12.2004Nsr/Tvk

________________

(N.V. RAMANA, J)

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1 The District Collector, Guntur District, Guntur 2 The Revenue Divisional Officer, Narsaraopet Division Narasaraopet, Guntur District 3 The Secretary, Social Welfare Department, Government of A.P.

Secretariat, Buildings, Hyderabad

4 The Mandal Revenue Officer, Chilakularipet, Guntur District 5 Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT)

6 Two CD copies.

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