Telangana High Court

WP/25244/2004 of Shaik Khadar Basha, Vs The Mandal revenue Officer, on 31 December 2004

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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 : 25244 of 2004 Between: Shaik Khadar Basha, s/o Mahaboob Saheb, r/o Ananthasagaram,

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 : 25244 of 2004

Between:

Shaik Khadar Basha, s/o Mahaboob Saheb,r/o Ananthasagaram, Ananthasagaram Mandalam,Nellore District A.P.,

AND

..... PETITIONER

1 The Mandal revenue Officer, Ananthasagaram Mandalam, Ananthasagaram, Nellore District, A.P., 2 The revenue Divisional Officer, Nellore, Nellore district, A.P.,

.....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 an appropriate writ or order or direction under Article 226 of the Constitution ofIndia, particularly one in the nature of writ of MANDAMUS, directing the respondentsherein not to interfere with the possession and enjoyment of the petitioner herein inhis land an extent of Ac.3.90 cents in Survey no.1114/1P and an extent of Ac.1.00 inSurvey No.1123/2 in total Ac.4.90 cents of Devarapally BIT-I VILLAGE,Ananthasagaram Mandalam, Nellore District A.P., pending the statutory appealNo.RCD 274/2004 before the second respondent after calling for the records andpass such other orders Counsel for the Petitioner: MR.NUTHALAPATI KRISHNA MURTHY

Counsel for the Respondents: GP FOR REVENUE

The Court made the following :

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ORAL ORDER:

Petitioner Submits that first respondent assigned land to him to a totalextent of Ac.4-90 cents in Sy. Nos. 1114/1P and 1123/2 ofDevarayapally BIT-I village, Ananthasagaram Mandal in the year1992 and since then he has been in possession and enjoyment ofthe said land by raising dry crops. The first respondent also issuedpattadar passbook to him in respect of the said land. He submits thathe secured loan from the Syndicate Bank to a tune of Rs.25,000/-and spent Rs.5,000/- per each acre for the development of the saidland.

It is his grievance that on 29-7-2004, the first respondent issuednotice to him, to which he submitted his explanation to the firstrespondent, stating that he did not alienate the said land to othersand he has been personally cultivating the said land. But, the firstrespondent, without considering his explanation, passed orders videproceedings dated 14.9.2004 resuming the land to the Governmentand further directing the Mandal Revenue Inspector to takepossession of the lands. Aggrieved by the said orders, the petitionerpreferred an appeal before the second respondent, who posted theappeal for hearing to 17.1.2005, without suspending the proceedingsdated 14.9.2004, issued by the first respondent.

It is his contention that if the first respondent takes possession of thesaid land from him, he will be put to irreparable loss and damage.Hence the Writ petition.

Having regard to the facts and circumstances of the case and sincethe appeal preferred by the petitioner against the orders of the firstrespondent is pending adjudication before the second respondent, Idispose of the writ petition, with a direction to the second respondentto pass appropriate orders on the appeal preferred by the petitioner,in accordance with law. Till then status-quo obtaining as on today,shall be maintained by both parties. No costs.

SD/- ASADULLAH KHAN

ASSISTANT REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1. The Mandal revenue Officer, Ananthasagaram Mandalam, Ananthasagaram, Nellore District, A.P., Ananthasagaram, Nellore District, A.P., 2 The Revenue Divisional Officer, Nellore, Nellore district, A.P.,

3. Two copies to G.P. for Revenue, High Court buildings, Hyderabad.

4. Two CD copies.

5. One CC to MR. Nuthalapati Krishna Murthy, Advocate.(OPUC)

P.M.

Dated: 31-12-2004

ORDER

WP.NO. 25244 OF 2004

Disposing of the WPWithout costs.

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