Telangana High Court

WP/28952/2008 of Kolli Satyanarayana, Vs The Government of Andhra Pradesh, 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 MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28952 of 2008 Between: Kolli Satyanarayana, S/o. Peraiah, R/o. Assannagudem

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28952 of 2008

Between:

Kolli Satyanarayana, S/o. Peraiah,

R/o. Assannagudem Village, Dammapeta Mandal, Khammam District ...... PETITIONER

AND

1 The Government of Andhra Pradesh, Rep by its Secretary, Tribal Welfare Department, Secretariat, Hyderabad.2 The Additional Agent to Government of and Project Officer, I.T.D.A.Bhadrachalam, Khammam District. Tribal Welfare Department, Secretariat, Hyderabad.2 The Additional Agent to Government of and Project Officer, I.T.D.A.Bhadrachalam, Khammam District.

3 The Special Deputy Collector, Tribal Welfare, Bhadrachalam,Khammam District.Khammam District.

4 The Tahsildar, Dammapet Mandal, Khammam 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 to issue a writ or direction preferably writ of mandamusdeclaring the order issued by the 1st respodnent in Lr.No.9088/LTR-2/2008-2 DT. 5-12-2008 (rejecting sty petition) without any notice andwithout any reason is illegal, arbitrary and violative of principles of naturaljustice and consequently set aside the same further direct therespondents or their subordinate staff not to disposses me frompossession and enjoyment of the property in sy.No.1132 measuring anextent of Acs.7-38 situated at Nagupalli Village of Dammapeta Mandal,Khammam District, pending disposal of the revision on the file of the 1strespondent , and pass Counsel for the Petitioner:MR.KOWTURU VINAYA KUMAR

Counsel for the Respondent No.: GP FOR SOCIAL WELFARE

The Court made the following :

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ORAL ORDER:

On the basis of a complaint given by a Tribal, proceedings underSection 3(1) of the Andhra Pradesh Scheduled Areas Land TransferRegulation 1 of 1959 as amended by Regulation 1 of 1970, were initiatedagainst the petitioner. However, the same were dropped by the originalauthority on 19.10.2005. Questioning the said dropping of theproceedings, the complainant approached the appellate authority by wayof filing C.M.A.No. 63 of 2007 and the same was allowed by the appellateauthority . As the said order is against the petitioner, he approached therevisional authority i.e., the first respondent herein along with stayapplication. However, the stay application filed seeking stay wasrejected. Hence, the petitioner approached this court.

Heard the learned counsel appearing for the petitioner and also thelearned Government Pleader for Social Welfare.

As submitted by the learned counsel appearing for the petitioner,the revision petition filed by the petitioner is pending before the firstrespondent. Therefore, it is desirable to direct the first respondent todispose of the revision pending before him.

Accordingly, the Writ Petition is disposed of directing the firstrespondent to dispose of the revision pending before him, within a periodof eight weeks from the date of receipt of a copy of this order. However, itis made clear that during the pendency of the said revision, the petitionershall not be dispossessed from the land in S.No. 1132 measuring anextent of Acs. 7.38 situated at Nagupalli Village of Dammapeta Mandal,Khammam District. There shall be no order as to costs.

_______________________________

GOPALA KRISHNA TAMADA, J

Dt. 30.12.2008KA

// TRUE COPY //

SECTION OFFICER

To

1 The Government of Andhra Pradesh, Rep by its Secretary, Tribal Welfare Department, Secretariat, Hyderabad. Tribal Welfare Department, Secretariat, Hyderabad.

2 The Additional Agent to Government of and Project Officer, I.T.D.A.Bhadrachalam, Khammam District.Bhadrachalam, Khammam District.

3 The Special Deputy Collector, Tribal Welfare, Bhadrachalam,Khammam District.Khammam District.

4 The Tahsildar, Dammapet Mandal, Khammam District.

5. Two CCs to G.P. for Social Welfare, High Court of A.P., Hyderabad.

6. 2CD copies

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