Telangana High Court

WP/28634/2008 of M.V.Lakshmi Vs The State of Andhra Pradesh, rep. by District Collector, on 30 December 2008

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HIGH 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 : 28634 of 2008 Between: M.V.Lakshmi D/o.Mamidi Suryanarayana R/o.Vepagunta 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.ROHINIWRIT PETITION NO : 28634 of 2008

Between:

M.V.Lakshmi D/o.Mamidi Suryanarayana R/o.Vepagunta Village, Visakhapatnam District.

AND

..... PETITIONER

1 The State of Andhra Pradesh, rep. by District Collector,Visakhapatnam.

2 The Revenue Divisional Officer, Visakhapatnam.

3 The Mandal Revenue Officer, Chinagadili Post & Mandal, Visakhapatnam District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a writ, order or direction in the nature of Mandamusdeclaring the inaction of the respondents herein in not passing any orderson the representations of the petitioner dated 6.2.2008 and 17.10.2008 forpermission to sell 200 Sq. yards of House-site in Sy.Nos. 148/P, 161/P,174/P and 175/P, situated in Madhurawada Village, VisakhapatnamDistrict, assigned to petitioner's grand-father late Mamidi Papaiah theFreedom Fighter, as being illegal, unjust, arbitrary and violative of Articles14 and 21 of the Constitution of India.

Counsel for the Petitioner : MR. E.V.BHAGIRATHA RAO

Counsel for the Respondents : GP FOR REVENUE

The Court made the following :

THE HON'BLE Ms. JUSTICE G.ROHINI

WRIT PETITION NO : 28634 of 2008

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ORDER :

This writ petition is filed seeking a declaration that the inaction on the part of the respondents in considering the representations of thepetitioner dated 6.2.2008 and 17.10.2008 for permission to sell 200 sq.yards of house site in Sy.Nos.148/P, 161/P, 174/P and 175/P situated inMadhurawada Village, Visakhapatnam as arbitrary and illegal. Thepetitioner claims that the said land was assigned to her grandfather whowas a freedom fighter.

Heard the learned counsel for the petitioner as well as the learnedGovernment Pleader appearing for the respondents.

Since the representations made by the petitioner are pending beforethe respondents, without expressing any opinion as to the entitlement ofthe petitioner to sell the lands in question, I deem it appropriate to disposeof the writ petition with a direction to the respondents to consider therepresentations of the petitioner dated 6.2.2008 and 17.10.2008 and passappropriate orders in accordance with law as expeditiously as possiblepreferably within a period of six weeks from the date of receipt of thisorder. No costs.

Dt. 30.12.2008 gbs

______________G. ROHINI, J.

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