Telangana High Court
WP/24674/2004 of Parimi Venkata Krishna Rao S/o Gangaraju Vs The Commissioner of Appeals and Chief Commissioner 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. 24674 of 2004 Between: 1 Parimi Venkata Krishna Rao S/o Gangaraju R/o Surapuvarigudem
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. 24674 of 2004
Between:
1 Parimi Venkata Krishna Rao S/o Gangaraju R/o Surapuvarigudem Buttaigudem Mandal, West Godavari District 2 Parimi SomaRAju S/o Gangaraju R/o Surapuvarigudem Buttaigudem Mandal, West Godavari District 3 Parimi Venkata Rao S/o Gangaraju R/o Surapuvarigudem Buttaigudem Mandal, West Godavari District 4 Parimi Ram Babu S/o Gangaraju R/o Surapuvarigudem Buttaigudem Mandal, West Godavari District
..... PETITIONERS
AND
1 The Commissioner of Appeals and Chief Commissioner of Land Administration, Govt of A.P., Hyderabad.Administration, Govt of A.P., Hyderabad.
2 Gadde Krishbna Mohan Rao S/o Gadde Satyam R/o Buttaigudem Village & Mandal, West Godavari District
.....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 a Writ, order or direction more particularly one in the nature of writ of Certioraricall for the records relating to and in connection with the impugned notice in CCLA'sRef. No. L2/300/2004, dt 1-11-2004 pending on the file of the 1st respondent andquash the proceedings in appeal as illegal, arbitrary, unconstitutional and inviolation of Articles 14, 21 & 300 (A)of the Constitution of India.Counsel for the Petitioner : Mr.P.JAGADISH CHANDRA PRASAD
The Court at the stage of admission made the following :
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ORDER:
The second respondent herein filed an appeal before the first respondent underSection 9 of A.P. Schedule Areas Rythwari Settlement Regulations 2 of 1970 asagainst the petitioners herein and the same was numbered as CCLA’s RefNo.L2/300/2004. Pursuant thereof, a notice dated 1-11-2004 was issued to thepetitioners herein to appear in person or through a counsel on 10-11-2004.Questioning the said notice, on the point of jurisdiction, the present writ petition isfiled.
Learned counsel for petitioners submitted that the first respondent has no jurisdictionto entertain the appeal as filed by the second respondent. It is also stated that thereis no need for the petitioners to appear before the first respondent and theproceedings before the first respondent are not maintainable.
I am not inclined to accept the contentions raised by the learned counsel forpetitioners, for the reason, the petitioners can very well appear before the firstrespondent and raise all their contentions, including the point of jurisdiction, by filinga memo or an affidavit. This Court at this stage cannot interfere with the matter andthe writ petition is dismissed. However, the petitioners are at liberty to raise all theircontentions including the point of jurisdiction before the first respondent. On filingany such memo/ affidavit, the first respondent is at liberty to consider the same andpass appropriate orders in accordance with law.
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N.V.RAMANA, J
To
1 The Commissioner of Appeals and Chief Commissioner of Land Administration, Govt of A.P., Hyderabad.
2 Two CCs to the G.P. for Land Acquisition, High Court Buildings, Hyderabad (OUT).Hyderabad (OUT).
3 Two CD copies.