Telangana High Court
WP/28337/2008 of Kurugunta Krishna Reddy Vs The District Collector on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28337 of 2008 Between: Kurugunta Krishna Reddy S/o Malla Reddy Padamatipalem(V)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28337 of 2008
Between:
Kurugunta Krishna Reddy S/o Malla Reddy Padamatipalem(V) Sangam(M)
Sri Potti Sri Ramulu Nellore District
AND
..... PETITIONER
1 The District Collector Nellore Sri Potti Sriramulu Nellore District 2 The Revenue Divisional Officer Chairman Padmatipalem Co- Operative Joint Farming Society Sangam (M) Sri Potti Sri Ramulu Nellore District 3 The Tahsildar Sanga (M) Sri Potti Sri Ramulu Nellore 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 appropriate writ of Mandamus declaring theaction of the respondents in not considering the case of the petitioner forgrant of assignment of land to an extent of Ac 4.90 cents in Sy No.949/2B1 situated in Padmatipalem(V) Sangam(M) Sri Potti Sri RamuluNellore District in spite of the fact that the petitioner is in possession ofthe same for the last more then 8 yeras and considering the case ofother inligible persons is arbitrary unreasonable and consequently diretthe respondents to consider the case of the petitioner for the grant ofassignment of the lands to an extent of Ac 4.90 cents in Sy No.949/2 B1situated in Padamatipalem(V) Sangam(M) Sri Potti Sri Ramulu NelloreDistrict and till then the respondents are directed not to interfere with thepaceful possession and enjoyment of the said lands without followingdue process of law and to pass Counsel for the Petitioner:MR.K.MURALIDHAR REDDY
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKARWrit Petition No. 28337 of 2008
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Order:
The petitioner claims that he is in possession of Ac.4-90 cents ofland in Survey No.949/2 B1, of Padamatipalem village, SangamMandal, Sri Potti Sriramulu Nellore District. The petitioner alleges thathe has been in possession from the year 2000 and cultivating the saidland and admittedly the said land is a poramboke land. The petitioneralso claims that he has dug a bore well and he is also paying cist to theGovernment, the receipts of which are produced as material papers inthis writ petition.
Alleging that his case is not being considered for assignment ofthe land along with other eligible assignees, the present writ petition isfiled.
I have heard the learned Government Pleader for Revenue, whofairly submits that the application of the petitioner is on records, asalleged, and pending, and that the respondents would have no difficultyin considering the same as per its eligibility and in accordance with law. This writ petition is, therefore, disposed of with the following direction.
The respondents are directed to consider the application of thepetitioner said to have been filed with regard to assignment of Ac.4-90cents of land in Survey No.949/2 B1, of Padamatipalem village, SangamMandal, Sri Potti Sriramulu Nellore District, and pass appropriate ordersin accordance with law, preferably within a period of six weeks from thedate of receipt of a copy of this order. No costs.
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VILAS V. AFZULPURKAR, J.
Date: 29.12.2008Nsr