Telangana High Court
WP/24769/2004 of Ippagunta Venkata Krishna Reddy Vs The Revenue Divisional Officer, on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24769 of 2004 Between: 1 Ippagunta Venkata Krishna Reddy S/o.Venkata Subba Reddy Sangam
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24769 of 2004
Between:
1 Ippagunta Venkata Krishna Reddy S/o.Venkata Subba Reddy Sangam Nellore Dist 2 Ippagunta Nikilesh rep by P.A.H.I.V.Krishna Reddy S/o.Venkata Krishna Reddy, Sangam Nellore Dist Represented by their Power of Attorney holder Sri I.V.Krishna Reddy.
..... PETITIONERS
AND
1 The Revenue Divisional Officer, Kavali, Nellore district.
2 The Mandal Revenue Officer, Sangam Mandal, Nellore Dist.
.....RESPONDENTS
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 an order, writ or direction more particularly a writ of Mandamus Under Article226 of Constitution of India, declaring the action of 1st respondent in not consideringthe stay petition filed along with the statutory appeal dt 23-12-2004 filed against theorders of 2nd respondent in his proceedings Rc.No.179/2004 dt 15-11-2004 inrespect of an extent of Acs.4.31 cents in Survey No.462-1 and an extent of Acs.5.05cents in Survey No.462-2 situated in Tarunivaya village, Sangam, Mandal,NelloreDist pending the statutory appeal and further action of the 2nd respondent in seekingto dispossess the petitioner from the above said extent of land as illegal, arbitrary,unjust and consequently suspend the orders of the 2nd respondent in hisproceedings Rc.No.179/2004 dt 15-11-2004 pending the appeal before the 1strespondent.
The Court the stage of admission made the following :
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ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of finally at the admission stage.
In this writ petition, petitioner is challenging the order dated 15-11-2004 passed by the second respondent in R.C.No.179/2004 in respect ofAc.4.31 cents of dry land comprised in Sy.No.462/1 of Tarunivaya village, SangamMandal, Nellore District. The impugned orders were passed by the secondrespondent in exercise of the powers under the provisions of A.P. Assigned Lands(Prohibition of Transfers) Act, 1977 (for short ‘the Act’). It is submitted that against theorders passed by the second respondent, petitioner already preferred an appealbefore the first respondent under Section 4(A) of the Act, which is pending on the fileof the first respondent and the respondents are trying to evict the petitioner withoutpassing any orders on the appeal.
In the circumstances, the writ petition is disposed of directing the first respondent toconsider the appeal and the stay application said to have been filed by the petitionerand pass appropriate orders either on the stay application or the appeal, inaccordance with law. Till passing of such orders, status quo obtaining as on todayshall be maintained.
The writ petition is accordingly disposed of at the admission stage. No costs.
_____________
N.V.RAMANA, J
To
1 The Revenue Divisional Officer, Kavali, Nellore district.
2 The Mandal Revenue Officer, Sangam Mandal, Nellore Dist.
3 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad.
4 Two CD copies.