Telangana High Court
WP/24447/2004 of D. Sivakumar Reddy, Vs Mandal Revenue Officer, on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24447 of 2004 Between: D.Sivakumar Reddy S/o. Sri D.Krishna Reddy Aged 48 years R/o.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 24447 of 2004
Between:
D.Sivakumar Reddy S/o. Sri D.Krishna Reddy Aged 48 years R/o. Plot No.400Near SRK School, Maguntta Layout, Dargamitta, Nellore- 524 003 .... PETITIONER
AND
1.. Mandal Revenue Officer,
Manubolu Mandal,Manubolu, Nellore dist
2.. Revenue Divisional Officer,
Gudur Division, Gudur
Nellore
3.. District Collector,
Nellore District, Nellore
.....RESPONDENTS
circumstances stated in the Affidavit filed herein the High Court will be pleased toissue writ of certiorari or any other appropriate writ or order calling for the records ofthe 1[st] respondent in notice CC No.2139/NLR/75, CC No.2140/NLR/ dated 21-12-2004 and quash the same as arbitrary, in violation of Article 300-A of theConstitution of India and also settled decisions of this Hon’ble Court andconsequently direct the first respondent not to stop the crushing activities of thepetitioner situated at Survey No.1080 of Vadlapludi village, Manubolu Mandalam,Nellore district pursuant to the notice of the 1[st] respondent dt 11-12-2004Counsel for the Petitioner:MR.SHAIK JEELANI BASHACounsel for the Respondents: GP FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
The petitioner claims to be having a valid mining lease for road metal to an extent ofAc.2.47 cents situated adjacent to his crushing unit situated in Survey No.1080 ofVadlapudi village, Manubolu Mandal, Nellore district. It is also stated that the leaseof the petitioner was extended to a period of 10 years vide proceedings dated 1-12-2004 and that he has also obtained an explosives licence and running the crushingmill by investing huge sums of money and employing about 200 workers. While so,the first respondent issued notice dated 11-12-2004 stating that out of total extent ofAc.197-97 cent of land in Survey No.1080, Vadlapuudi village, an extent of Ac.67.95cents is government land in possession of petitioner and ten others and therebydirecting the petitioner and ten others to furnish the documents in support of their titleover the land in their possession, within 7 days. The petitioner stated to havesubmitted an explanation dated 18-12-2004. Thereafter, the first respondent issuednotice dated 21-12-2004 directing the petitioner to stop the crushing activities tillcompletion of the survey of the land covered under survey No.1080. Questioning thesaid action, the present writ petition is filed.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed for disposal of the writ petition at the admissionstage.
The first respondent has passed the impugned order for smooth conduct of thesurvey, in the subject land which cannot be said to be an illegal action affectingrights of the petitioner. At any rate, conduct of survey is only a temporary measure and for such period only the petitioner was directed to stop the crushing activity.Except expeditious completion of the survey, no relief can be granted to thepetitioner.
In the above circumstances, the writ petition is disposed of directing the firstrespondent to complete the survey expeditiously, preferably within a period of oneweek from the date of receipt of copy of this order. No costs.
___________
N.V.RAMANA,J
28-12-2004
TVK
NOTE: CC in 3 days
B/o.
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1.. Mandal Revenue Officer,Manubolu Mandal,Manubolu, Nellore dist
2.. Revenue Divisional Officer,
Gudur Division, Gudur Nellore
3.. District Collector,
Nellore District, Nellore
4.2CCs to G.P. for Revenue , High Court of A.P. buildings , Hyderabad (OUT)
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