Telangana High Court
WP/28557/2008 of Gandi Sanyasi Demudamma Vs The State of Andhra Pradesh, rep.by the District on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 28557 of 2008 Between: Gandi Sanyasi Demudamma W/o.Gandi Ramunaidu R/o.Paravada village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION NO : 28557 of 2008
Between:
Gandi Sanyasi Demudamma W/o.Gandi Ramunaidu R/o.Paravada village, Paravada Mandal Visakhapatnam District
..... PETITIONER
AND
1 The State of Andhra Pradesh, rep.by the District Collector,Visakhapatnam District, VisakhapatnamVisakhapatnam District, Visakhapatnam 2 The Revenue Divisonal Officer, Visakhapatnam Visakhapatnam District 3 The Tahsildar,Paravada Mandal, Visakhapatnam District 4 The Mandal Revenue Inspector, Paravada Mandal VisakhapatnamDistrict 5 The Mandal Surveyor,Paravada Mandal Visakhapatnam District
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ of mandamus or any other appropriateorder or direction declaring the action of the respondents herein ininterfering with the petitioner peaceful possession and enjoyment inrespect of the land admeasuring Ac.1.59 cents situated in S.No.151 ofSwayabuvaram village of Paravada Mandal, Visakhapatnam Districtwithout passing appropriate orders on the appeal and stay petitiondated 6.12.2007 filed by the petitioner herein before the RevenueDivisional Officer, Visakhapatnam Visakhapatnam District 2ndrespondent herein against the order in Proceedings Rc.No.107/07/SAdated 25.11.2007 passed by the Tahsildar, paravada Mandal,Visakhaptnam District 3rd respondent herein as illegal, arbitrary,unreasonable and violative of Articles, 14 and 300-A of the constitutionof India and opposed to the very spirit and object of the provisions ofthe Andhra Pradesh Assigned Lands (Prohibition of Transfes)Act,1977and pass Counsel for the Petitioner: MR.A.V.SESHA SAI
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON’BLE Ms. JUSTICE G. ROHINIWRIT PETITION No. 28557 of 2008
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O R D E R :
The Tahsildar, Paravada Mandal-the third respondent herein byorder dated 25-11-2007, passed under Andhra Pradesh AssignedLands (Prohibition of Transfers) Act, 1977, cancelled the assignmentmade in favour of one Kothurthi Sanyasayya with immediate effect. The petitioner herein, who claims to have purchased the said assignedland from the said Sanyasayya, preferred an appeal before the secondrespondent-Revenue Divisional Officer on 06-12-2007 along with anapplication for stay. It is alleged that in spite of several requests, thesecond respondent has not passed any orders either on his appeal oron the application for stay and in the meanwhile, the third respondentis taking steps to dispossess the petitioner from the land in questionpursuant to the order dated 25-11-2007. Hence, the present writpetition.
Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Revenue appearing for the respondents.
Since the statutory appeal is admittedly pending before thesecond respondent, I deem it appropriate to protect the possession ofthe petitioner till the said appeal is considered and decided on merits.
Accordingly, without expressing any opinion on merits, the writpetition is disposed of with a direction to the second respondent todispose of the appeal pending on his file preferred against the order ofthe third respondent dated 25-11-2007, following due process of lawas expeditiously as possible preferably within a period of eight weeksfrom the date of receipt of a copy of this order. Till such time, the orderof the third respondent dated 25-11-2007 shall not be given effect to. No costs.
Date: 30-12-2008Note: Issue C.C. in 2 days.
B/o
KLP
______________
G. ROHINI, J