Telangana High Court

WA/2131/2004 of Velakaturi Gurappa Naidu, Vs The Sub Collector, on 30 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2131 of 2004 (Writ Appeal under Clause 15 of the Letters Patent against

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

HON'BLE SRI DEVINDER GUPTA,

CHIEF JUSTICE

and

HON'BLE SRI JUSTICE M.NARAYANA REDDY

WRIT APPEAL NO : 2131 of 2004

(Writ Appeal under Clause 15 of the Letters Patent against the Order dated12/08/2004 in WP NO : 19366 OF 1994 on the file of the High Court.)

Between:

1 Velakaturi Gurappa Naidu, S/o. Rangaiah, R/o. Mallelacheruvupalli Village, Chandragiri Tq., Chittoor District.

2 B. Yerrappa, S/o. Peddamallaiah, R/o. Mallelacheruvupalli Village, Chandragiri Tq., Chittoor District.

3 K. Rahunathareddy,, S/o. Chinnabbareddy, R/o. Mallelacheruvupalli Village, Chandragiri Tq., Chittoor District.

4 Tirumala Naidu, S/o. Mekala Naidu, r/o. Vottuvanka (V) Chandragiri Tq., Chittoor District.

5 N.D. Ramachandraiah, S/o. Tirumalaiah, R/o. Mallelacheruvu Village, Chandragiri Tq., Chittoor District.

6 L. Nagaiah, S/o Papaiah,

r/o. Kothur Village, Chandragiri Tq. Chittoor District.

7 Venkataswamy, S/o. Krishnaiah,

r/o. Harizanwada, Bandarlapalli Village, Chandragiri Tq. Chittoor District.

1 The Sub Collector, Chandragiri at Tirupathi, Chittoor District.

2 The Mandal Revenue Officer, Pakala Mandal at Pakala, Chittoor District.

3 Addanki Guravaiahnaidu (died)

4 K. Sankar Reddy (died)

(RR 3 & 4 since died not necessary in this appeal)

.....RESPONDENTS

Counsel for the Appellants : MR. MEHARCHAND NOORI FORMR.V.LOKESHWAR BABUCounsel for the Respondents 1 and 2 No.: GP FOR ASSIGNMENT.

The Court made the following :

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ORAL JUDGMENT:

( per Hon’ble The Chief Justice )

……

1. Challenge is to the order passed by the learned single Judge dismissingthe writ petition, which was filed in the year 1994. There was an interim orderoperating in favour of the appellants. There was no counter affidavit filed bythe respondents. Submission of the petitioners – appellants has been that theCollector, Chittoor, would not have passed the order, which was impugned inthe writ petition, thereby deleting the survey numbers mentioned in the orderfrom Prohibition Order Book for being allotted to Scheduled Caste poorfamilies.

2. Learned counsel for the appellants submits that in case such a land, whichadmittedly was reserved for grazing purpose under earlier orders, had to bedeleted, certain procedure ought to be followed. Neither that procedure wasfollowed nor there was any such ground made out for deleting the land fromProhibition Order Book. He has also placed reliance upon Clause 4(ii) ofBoard Standing Orders stating that wealthy lands cannot be given inassignment. Learned counsel for the respondents states that permission begranted to file counter-affidavit to controvert the case set up by the petitioners– appellants.

3 . Writ petition has been kept pending for almost ten years. No counter-affidavit has been filed. Now the Government has woke up and is seekingliberty to file counter-affidavit. Since no third parties rights are involved, wewould permit the respondents to file affidavit in reply. Consequently appeal isallowed. Impugned order is set aside. Liberty is allowed to the respondents tofile counter-affidavit within a period of four weeks. Counter be filed on therecord of the writ petition. Learned single Judge will take up the writ petitionfor consideration afresh in accordance with law. In the meanwhile, interimorder, which was passed in the writ petition, shall continue to remain inoperation. No costs.

_____________________

DEVINDER GUPTA. C.J.,

______________________

M. NARAYANA REDDY. J.,

Dated: 30.12.2004.

VRK.Note:

Furnish cc in two days.

(BO)

1 The Sub Collector, Chandragiri at Tirupathi, Chittoor District.

2 The Mandal Revenue Officer, Pakala Mandal at Pakala, Chittoor District.3. Two CCs to G.P. for Assignment, High Court Buildings, Hyderabad (OUT).3. Two CCs to G.P. for Assignment, High Court Buildings, Hyderabad (OUT).

4. Two CD copies.

HON’BLE SRI DEVINDER GUPTA,CHIEF JUSTICE

AND

HON’BLE SRI JUSTICE M. NARAYANA REDDY.

W.A.NO. 2131 OF 2004.

( Judgment of the Bench delivered byHon’ble The Chief Justice )

Dt: 30.12.2004.

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