Telangana High Court
WP/24168/2004 of S.K. Khader Basha S/o Khaseem Vs The Executive Officer, Buchireddypalem on 27 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24168 of 2004 Between: S.K. Khader Basha S/o Khaseem, R/o B-11-380-B, Suhasini Nagar,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24168 of 2004
Between:
S.K. Khader Basha S/o Khaseem, R/o B-11-380-B, Suhasini Nagar, Buchireddypalem(V)&(M), Nellore District
AND
..... PETITIONER
1 The Executive Officer, Buchireddypalem Gram Panchayat, Nellore District 2 The Mandal Revenue Officer, Buchireddypalem Mandal, Nellore District 3 The District Collector, Nellore
.....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 in the nature of Writ of Mandamusdeclaring the action of the respondents that without giving notice to the WritPetitioner and trying to dispossess him from H.No.B-11-380-B of BuchireddypalemVillage & Mandal, Nellore District, as illegal, arbitrary and contrary to the rightsguaranteed Under Article 300-A of the Constitution of India and violation of Sec.98of A.P Gram Panchayat Act 1994.
For the Petitioner: SMT.CHINTALAPUDI LAKSHMI KUMARI, Advocate For the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV.
The Court at the admission stage made the following :
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ORDER:
The petitioner claims to have submitted a representation, dated 09-03-2004 to the third respondent-District Collector, Nellore, requesting to assignan extent of 33 Ankanams of poramboke land situated in Buchireddypalem villageand Mandal of Nellore District, on payment of market value on the ground that hehas been in possession of the same since 1960 by constructing a pucca housetherein. His grievance is that without considering the representation, and withoutgiving any notice to him, the respondents are trying to dispossess him therefrom.Assailing the impugned action of the respondents, the petitioner filed this writpetition.
Heard the learned counsel for the petitioner and the learned Government Pleader forPanchayat Raj and Rural Development.
The petitioner has not produced any material to substantiate that he is in possessionof the land in question. Granting of pattas and assignment of poramboke land to thelandless poor or encroachers thereof are within the exclusive domain of RevenueOfficials, and they can generally be granted after considering the ground realitiesand conducting enquiry in accordance with the procedure contemplated under law,and this Court in exercise of its extraordinary jurisdiction under Article 226 of theConstitution of India, does not interfere with the same. Therefore, I see no reason to direct the respondents to assign the land in question in favour ofthe petitioner directly.
Accordingly, the writ petition is dismissed at the stage of admission. No costs.
______________
N.V. RAMANA, J
Date: 27-12-2004
Note:
(Bo)
Svv
To
1 The Executive Officer, Buchireddypalem Gram Panchayat, Nellore District.Nellore District.
2 The Mandal Revenue Officer, Buchireddypalem Mandal, Nellore District 3 The District Collector, Nellore.
4 Two CCs. to the Government Pleader for Panchayat Raj and Rural Development, High Court Buildings, A.P., Hyderabad (OUT).Development, High Court Buildings, A.P., Hyderabad (OUT).
5 Two CD copies.