Telangana High Court
WP/25000/2004 of K.Prabhakar, Vs The Government of Andhra Pradesh, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25000 of 2004 Between: K.Prabhakar, S/o Venkateswarlu, Kanigiri Mandal, Kanigiri, Nellore
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25000 of 2004
Between:
K.Prabhakar, S/o Venkateswarlu, Kanigiri Mandal, Kanigiri, Nellore District.
... PETITIONER
AND
1. The Government of Andhra Pradesh, Revenue Department, dulyrepresented by its Secretary to the Government, Andhra Pradesh.represented by its Secretary to the Government, Andhra Pradesh.
2. The District Collector, Nellore, Nellore Town, Nellore District, AndhraPradesh.Pradesh.
3. The Revenue Divisional Officer, Kavali Revenue Division, Kavali,Nellore District, A.P.Nellore District, A.P.
4. The Mandal Revenue Officer, Kaligiri Mandal, Kaligiri, Nellore DistrictA.P.A.P.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue an appropriate writ, order or direction more particularly one in the nature ofcertiorari calling for the records and to quash the impugned Notice No. 208/2004,dated 05.08.2004 issued by the Mandal Revenue Officer, Kaligiri Mandal, Kaligiri,Nellore District, Andhra Pradesh i.e., the 4[th] respondent herein.
For the Petitioner: M/S. CHANDANA MADALA, Advocate For the Respondents: GP FOR REVENUE
The Court at the admission stage made the following:
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ORDER:
Questioning the impugned notice issued by the fourth respondent-Mandal RevenueOfficer in R.C. No.208/2004, dated 05-08-2004, calling for the explanation of thepetitioner as to why the assignment granted in his favour under patta No.451 inrespect of Ac.3-38 cents of dry land in Survey No.20 of East Dubagunta village,Kaligiri Mandal of Nellore District, should not be cancelled on the ground of violationof assignment conditions, the petitioner filed the present writ petition stating thatwithout passing orders on the explanation, dated 22-9-2004 submitted by him to theimpugned notice, the respondents are taking coercive steps for canceling his pattaand evicting him from the land in question. Hence, the writ petition.
Heard the leaned counsel for the petitioner and the leaned Government Pleader forRevenue.
Having regard to the fact that the explanation stated to have been submitted by thepetitioner to the impugned notice is pending consideration with the fourthrespondent, I deem it appropriate to direct the fourth respondent to consider theexplanation of the petitioner dated 22-9-2004 and pass appropriate orders thereon inaccordance with law. Till passing of such orders, status quo existing as on todaywith respect to possession of the land in question shall be maintained.
Accordingly, the writ petition is disposed of at the stage of admission.
Sd/- B.V.S.SAI PRASAD
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1. The Secretary, Government of Andhra Pradesh, Revenue Department,Andhra Pradesh.Andhra Pradesh.
2. The District Collector, Nellore, Nellore Town, Nellore District, AndhraPradesh.Pradesh.
3. The Revenue Divisional Officer, Kavali Revenue Division, Kavali, Nellore District, A.P.
4. The Mandal Revenue Officer, Kaligiri Mandal, Kaligiri, Nellore DistrictA.P.A.P.
5. Two C.Cs to the Government Pleader for Revenue, High CourtBuildings, A.P.,Hyderabad (OUT).Buildings, A.P.,Hyderabad (OUT).
6. Two C.D.copies.
7. One cc to Mr.Chandana Madala, Advocate (OPUC)
TRk
HIGH COURT
DATED: 31.12.2004
ORDER:
W.P.NO.25000 OF 2004
DISPOSING OF THE WPAT THE ADMISSION STAGE
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