Telangana High Court
WP/25048/2004 of Lokireddy Lakshmamma Vs The Revenue Divisional Officer, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25048 of 2004 Between: Lokireddy Lakshmamma W/o.Ratna Reddy R/o. Audireddipalli village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25048 of 2004
Between:
Lokireddy Lakshmamma W/o.Ratna Reddy
R/o. Audireddipalli village, H/o Chamadala (Village), Jaladanki Mandal, Nellore District.
AND
... PETITIONER
1 The Revenue Divisional Officer, Kavali, Nellore District.
2 The Mandal Revenue Officer, Jaladanki Mandal,Jaladanki, Nellore District.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 under Article 226 of Constitution of India, declaring the action of theRevenue Divisional Officer, Kavali, Nellore District in not passing any orders in thesuspension petition in the Appeal filed by the petitioner, aggrieved by theproceedings of the Mandal Revenue Officer, Jaladanki Mandal, Jaladani, NelloreDistrict in RCB. No.153/27/2004 dated 14-9-2004 is arbitrary, illegal, withoutjurisdiction in violation of the sections 3 and 4 of the Assigned Lands (Prohibition ofTransfers) Act 1977 and consequently set aside the proceedings of the MandalRevenue Officer, Jaladanki, Nellore District, dated 14-9-2004.
For the Petitioner: MR.CH.CKRISHNA REDDY, Advocate For the Respondent Nos.1 and 2: GP FOR REVENUE
The Court at the stage of admission made the following:
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ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of finally at the admission stage.
In this writ petition, petitioner is challenging the impugned order dated14-09-2004passed by the second respondent in RCB.No.153/27/2004 in exercise of the powersunder the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (forshort ‘the Act’) in respect of Ac.1-21 cents of land in Survey No.416-6 of ChamadalaVillage, Jaladanki Mandal of Nellore District. It is submitted that against the orderspassed by the second respondent, petitioner already preferred an appeal before thefirst respondent on 15-12-2004 under Section 4(1) of the Act, and also filed a petitionto suspend the order of the second respondent, which are pending on the file of thefirst respondent. Assailing the action of the first respondent in not passing any orderson the suspension petition filed in the appeal, the petitioner filed this writ petition.
In the circumstances, the writ petition is disposed of at the stage of admissiondirecting the first respondent to consider the appeal and the suspension petition saidto have been filed by the petitioner and pass appropriate orders either on thesuspension petition or on the appeal, in accordance with law. Till passing of suchorders, status quo obtaining as on today shall be maintained.
Date: 31-12-2004
Svv
____________
N.V.RAMANA, J
To
1 The Revenue Divisional Officer, Kavali, Nellore District.
2 The Mandal Revenue Officer, Jaladanki Mandal,Jaladanki, Nellore District.District.
3 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT). Buildings, A.P., Hyderabad (OUT).
4 Two CD copies.