Telangana High Court
WP/28349/2008 of K.P.Haseena Begum, Vs The State of Andhra Pradesh, on 29 December 2008
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 : 28349 of 2008 Between: 1 K.P.Haseena Begum, W/o. S.Nazeer Ahmed, R/o. 20/348,
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 MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28349 of 2008
Between:
1 K.P.Haseena Begum, W/o. S.Nazeer Ahmed, R/o. 20/348, D.C. Road, Kadapa 2 P.Suguna, W/o. K.Chandra Babu, R/o. 345-2, Vivenkananda Nagar, Road No.2(Near Ohm Shanthi) Kadapa
..... PETITIONER(S)
AND
1 The State of Andhra Pradesh, Rep by The District Collector, Kadapa 2 The Revenue Divisional Office, Kadapa 3 The Mandal Revenue Officer, kadapa 4 Dr.C.hanumantha Rao, Sweekar-Upakar Academy of Rehabilitation Sciences, Near Jubilee Bus Station, Secunderabad.
.....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 a Writ Order or Direction particularly Writ ofMandamus directing the resopndetns either to restore possession of thelands or to initiate land acquisition proceeidngs for the lands inS.No.202/4 an extent of Ac.2.00 cents and S.No.202/2 an extent ofAc.3.00 cents of dry land in Putlampalli Vilalge, Kadapa Mandal, Whichare resumed for public purpose by declaring the common resumptionorder passed by the M.R.O. Kadapa in his proceedings Ref.No.B/1085/2004 dated 15-11-2004 without communicating the same and withoutfollowing due process of law as illegal, arbitrary and violative of principlesof natural justice and pass Counsel for the Petitioner:MR.M.N.NARASIMHA REDDY
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
Writ Petition No. 28349 of 2008
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Order:
The petitioners are aggrieved by the order passed by the MandalRevenue Officer in proceedings No.B/1085/2004, dated 15.11.2004,whereunder the agricultural lands said to have been assigned to thepetitioners were resumed by the Government for public purpose. Thesame order is passed with regard to various assignees numbering about130 and the petitioners are also among the said 130 affected persons.
Learned counsel for the petitioners has brought to my notice thatsimilar writ petitions, which were entertained by this Court in W.P.Nos.22890, 24741 and 25399 of 2008, were disposed of by a commonorder of this Court dated 24.11.2008. The operative portion of whichreads as follows:
“In view of settled legal position, this Court is not inclinedto accept these writ petitions. Petitioners are given liberty toprefer appeal before RDO within a period of four weeks from thedate of receipt of a copy of this order. Liberty is also given topetitioners to make appropriate applications to District Collector,Kadapa, claiming compensation in accordance with principleslaid down in LAO-cum-RDO, Chevella Division, Domalaguda,Hyd v. Mekala Pandu (2004(2) ALD 451 (DB). As and whensuch applications are made, District Collector shall conductenquiry and pass necessary orders within a period of eightweeks from the date of receipt of such applications.
The writ petitions are accordingly disposed of.”
Since the facts of the present writ petition are identical and theimpugned order, which is challenged, is the same as in the above batchof cases, there shall be a similar direction in this writ petition also.
With the aforesaid direction, the writ petition is disposed of. Nocosts.
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VILAS V. AFZULPURKAR, J.
Date: 29.12.2008Nsr