Telangana High Court
WP/24652/2004 of G.S.L.Educational Society Vs The District Collector, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24652 of 2004 Between: G.S.L.Educational Society Rajahmundry , East Godavari District
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 24652 of 2004
Between:
G.S.L.Educational Society Rajahmundry , East Godavari Districtrep. by its Secretary & Correspondent Dr. Ganni Bhaskar Rao.
AND
..... PETITIONER
1 The District Collector, East Godavari District at Kakinada.
2 The Sub-Collector, Rajahmundry, East Godavari District.
3 The Mandal Revenue Officer, Rajanagaram Mandal, East Godavari District. East 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 may be pleased toissue a writ, order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the respondents 1 & 2 in not taking any action onthe proposal/report submitted by the 3rd respondent in reference No.B.420/2003,dt.26-06-2003 for transfer of land to an extent of Ac.1.82 cents in survey Nos.135,148 & 149 situated at Venkatapuram village, Rajanagaram Gram Panchayat andMandal, E.G.Dist. in favour of the petitioner on payment of market value as illegal,arbitrary and unjust and consequently direct the respondents to consider theproposal submitted by the 3rd respondent in ref.B.420/2003, dt.26-06-2003 forthwith in the interest of justice .
For the Petitioner: MR.K.VENKATESH, Advocate.
For the Respondents: GP FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
The case of the petitioner, namely G.S.L. Educational Society, is that they made anapplication dated 10-4-2003 requesting the respondent authorities to assign ortransfer the land covered by footpath/Government Poramboke to an extent of Ac.1-82 cents in R.S. Nos.135, 148 and 149 of Venkatapuram village, RajanagaramMandal of East Godavari District in their favour on payment of market value for thepurpose of their Medical College, and thereupon pursuant to the instructions of thesecond respondent-Sub Collector in the matter, the third respondent-MandalRevenue Officer after making personal inspection of the land, submitted his reportvide ref.B.4290/2003, dated 20-06-2003 to the second respondent proposing forconversion of footpath porambokes to Ayan (Government Dry) for consequentialassignment or transfer in their favour on payment of market value, as was resolvedby the Gram Panchayat, Rajanagaram, but no action has been taken in the matter sofar. Assailing the action of respondent Nos.1 and 2 in not taking any decision on theproposals submitted by the third respondent in the matter, the petitioner filed this writpetition.
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue.
The matter as to taking a decision on the proposals submitted by Mandal RevenueOfficer proposing for assignment or transfer of Government land on payment ofmarket value, is an administrative matter, purely within the purview of theadministrative authorities, and this Court in exercise of its power under Article 226 ofthe Constitution of Indian cannot interfere in it and direct respondent Nos.1 and 2 topass orders on the proposals submitted by respondent No.3-Mandal RevenueOfficer. Inasmuch as it is the duty of respondent Nos.1 and 2 to pass appropriateorders on the proposals of respondent No.3, the petitioner has no cause of action inthis writ petition.
Accordingly, the writ petition is dismissed at the stage of admission.
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Date: 29-12-2004
Svv
To
1 The District Collector, East Godavari District at Kakinada.
2 The Sub-Collector, Rajahmundry, East Godavari District.
3 The Mandal Revenue Officer, Rajanagaram Mandal, East Godavari District. East Godavari District.
4 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).Buildings, A.P., Hyderabad (OUT).
5 Two CD copies.