Precedent

Telangana High Court

WP/28097/2008 of Alluri Satyanarayana Raju Vs The Revenue Divisional Officer, on 24 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 28097 of 2008 Between: 1 Alluri Satyanarayana Raju S/o. Ramabhadri Raju R/o.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MS JUSTICE G.ROHINI

WRIT PETITION NO : 28097 of 2008

Between:

1 Alluri Satyanarayana Raju S/o. Ramabhadri Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

2 Koneti Srinu S/o. Subba Rao

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

3 Kunaparaju Appala Raju S/o. Ramachandra Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

4 Gottumukkala Vamsikrishna S/o. Mohana Varma R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

5 Alluri Ramachandra Raju S/o. Pattabhirama Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

6 Penmetsa Venkata Subba Raju S/o. Venkatraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

7 Annaboina Sudhakar S/o. Jangayya

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

8 Sagi Venkatraju S/o. Soma Raju

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

9 Ande Nirmala Devi W/o. Subhash Chandra Bose R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

10 Datla Koteswara Rao S/o. Venkatraju

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

11 Gottumuklala Anuradha W/o. Mohana Varma R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

12 Kalidindi Suryakumari W/o. Srinivasa Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

13 Pasupuleti Haragopal S/o. Anjaneyulu

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

14 Guvvala Muralidhar S/o. Panduraju

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

15 Budda Santhosh Kumar S/o. Jawaharlal

R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

16 Penmetsa Naga Ramakrishnam Raju S/o. Siva Ramaraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

17 Datla Rajyalakshmi W/o. Koteswara Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

18 Penmetsa Ravivarma S/o. Naga Ramakrishnam Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.19 Ande Narasimha Syma Prasad S/o. Subhash Chandra Bose R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.20 Ande Subhashchandra Bose S/o. Narsayya R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

21 Tammisetti Janardhana Rao S/o. Srirama Murthy R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

22 Saripalli Rama Gopalakrishnam Raju S/o. Venkatapathi Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

23 Saripalli Venkata Satya Surya Vijaya Rama Raju S/o. Venkatapathi Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

24 Kalidindi Srinivasa Raju S/o. Subba Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

25 Kalidindi Ramachandra Raju S/o. Narasimha Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

26 Saripalli Haritha S/o. Venkata Satya Surya Vijayarama Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

27 Saripalli Bhavani W/o. Ramagopala Krishnam Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

28 Saripalli Mythili D/o. Ramagopala Krishnam Raju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.29 Saripalli Ramanjaneya Seetha Mahalakshmi W/o. Venkata Satya Vijaya Ramaraju R/o. Dirusumarru Village, Bhimavaram Mandal, West Godavari District.

..... PETITIONER(S)

AND

1 The Revenue Divisional Officer, Narsapur, West Godavari District.

2 Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or direction more particularly one in the nature of Writ ofMandamus directing the 1st respondent to hear the appeal R.C.No.2775/08 (S.D.T.)filed by the petitioners against the order dated 12.11.2008 in Roc.No.150/2007(A) ofthe 2nd respondent and the stay application filed in the appeal and pass orders inaccordance with law, by declaring the inaction of the 1st respondent in not passingany order on the stay application in the appeal is highly unjust and illegal.

Counsel for the Petitioners : MR. C.RAMACHANDRA RAJU

Counsel for the Respondents : GP FOR REVENUE

The Court made the following :

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No.28097 OF 2008

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ORDER :

Against the orders passed by the 2[nd] respondent, dated 12.11.2008 under theprovisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 9 of1977 resuming the lands in possession of the petitioners with immediate effect, allthe petitioners preferred Appeals before the 1[st] respondent. The notices dated16.12.2008 issued by the office of the 1[st] respondent shows that the appeals wereposted on 20.12.2008 for enquiry. However, the petitioners state that the enquirywas adjourned and all the appeals are still pending. It is alleged that in themeanwhile pursuant to the orders of resumption passed by the 2[nd] respondent, thereis every threat of dispossession of the petitioners from the lands in their occupation.Hence, the present writ petition.

Heard the learned counsel for the petitioners as well as the learned GovernmentPleader for Revenue appearing for the respondents.

Since the Appeals are admittedly pending before the 1[st] respondent against theorder of the 2[nd] respondent, I deem it appropriate to protect the possession of thepetitioner till the Appeals are heard and decided by the 1[st] respondent on merits.

Accordingly, without expressing any opinion on merits, the Writ Petition is disposedof with a direction to the 1[st] respondent to dispose of the Appeals pending on his filefollowing due process of law as expeditiously as possible preferably within a periodof four weeks from the date of receipt of this order. Till such time, the orders of the2[nd] respondent shall not be given effect to. No costs.

______________

G. ROHINI, J.

Dt. 24.12.2008

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