Telangana High Court
WP/27718/2007 of Sri Surya Gangadhara Agro Farms, Vs The District Collector, on 26 December 2007
V. ESWARAIAH WRIT PETITION No.27718 of 2007 and WRIT PETITION No.27731 of 2007 Date: December 26, 2007 WRIT PETITION No.27718 of 2007 Between: Sri Surya Gangadhara Agro Farms, Kondakavur village, Narasaraopet Mandal, Guntur District, rep. by its Managing Partner Mullapudi Srinivas. …
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Conclusion
HON’BLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.27718 of 2007
and
WRIT PETITION No.27731 of 2007
Date: December 26, 2007
WRIT PETITION No.27718 of 2007
Between:Sri Surya Gangadhara Agro Farms,Kondakavur village, Narasaraopet Mandal,Guntur District, rep. by its ManagingPartner Mullapudi Srinivas.… PetitionerAnd1. The District Collector,Guntur District at Gunturand 3 others.… Respondents***WRIT PETITION No.27731 of 2007Between:Sri Surya Gangadhara Agro Farms,Kondakavur village, Narasaraopet Mandal,Guntur District, rep. by its ManagingPartner Mullapudi Srinivas.… PetitionerAnd1. The District Collector,Guntur District at Gunturand 3 others.… Respondents***
COMMON ORDER:
The petitioner in both the writ petitions is one and the same. W.P.No.27718 of 2007 has been filed aggrieved by the action of the Revenue Divisional Officer, Narasaraopet Division in not passing stayorders in the appeal filed against the orders passed by the Tahsildar,Narasaraopet Mandal in Rc.No.1068/2006-A/K.Kavur/2, dated31.3.2007 resuming the lands an extent of Ac.66.51 cents situated inKondakavur village, Narasaraopet Mandal on the ground that the saidland was assigned in favour of Devalla Venkateswarlu and 69 othersof Pamidimarru, hamlet of Kondakavur village in survey Nos.20 DB,4A, 4B, 4C, 4E and 55/83 and the said landless poor personstransferred their possession in contravention of sub-Section (1) ofSection 3 of A.P. Assigned Lands (prohibition of transfer) Act, 1977and accordingly after issuing notice orders have been passed underSection 4-A of the Act.
2. In the second writ petition W.P.No.27731 of 2007 the petitionerquestions the inaction on the part of the Revenue Divisional Officer,Narasaraopet Division, in not passing orders on the appeal as well asstay application filed against the orders of the Tahsildar, NarasaraopetMandal in Rc.No.1068/2006-A/Kakani/45, dated 03.4.2007 on theground that Ac.86-75 cents was assigned in favour of petitioner JastiNarasaiah and others, residents of Kakani village, NarasaraopetMandal in survey Nos.286/2, 286/3, 288, 283 of Kakani village and thesaid landless poor transferred their possession in favour of thepetitioner in contravention of sub-Section (1) of Section 3 of the A.P.Assigned Lands (prohibition of transfer) Act.
3. It is stated that the petitioner filed appeals against the said ordersin May and June 2007 respectively and the appeals are pending. Inview of much extents of lands assigned to landless poor for agriculturalpurpose and the fact that the said lands said to have been convertedinto fish ponds, primafacie goes to show violation of sub-Section (1) ofSection 3 of A.P. Assigned Lands (prohibition of transfer) Act. However, it is for the appellate authority to consider and dispose of ifany appeals are pending.
4. Having regard to the facts of the case, the writ petitions aredisposed of directing the second respondent to consider the appeals ifany are pending filed against the orders passed by the Tahsildar,Narasaraopet Mandal, dated 31.3.2007 and 03.4.2007 within thestatutory period, and pending disposal of the appeals statusquoobtaining as on today shall be maintained. No costs.
Date: December 26, 2007.BSB
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(V. ESWARAIAH, J)