Telangana High Court

WP/28679/2009 of G. Anjan Reddy, Vs The District Collector, on 31 December 2009

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SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.28676, 28678 and 28679 of 2009 Date:31.12.2009 Between: G. Srinivas Rao and others. ..... PETITIONERS AND The District Collector, Nalgonda District and others. .....RESPONDENTS THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION

THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA

WRIT PETITION Nos.28676, 28678 and 28679 of 2009

Date:31.12.2009

Between:G. Srinivas Rao and others.

AND

..... PETITIONERS

The District Collector, Nalgonda District and others.

.....RESPONDENTS

THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION Nos.28676, 28678 and 28679 of 2009

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COMMON ORDER:

The petitioners, earlier, approached this Court by filingW.P.Nos.16143, 16149 and 16150 of 2009 and this Court disposed ofthem on 06.08.2009 directing the District Collector to complete theenquiry proceedings and further directed not to sell the seized stocksduring the pendency of the enquiry. Despite the same, as no final ordershave been passed, the petitioners approached this Court by filing thepresent writ petitions.

Pursuant to the earlier orders of this Court in W.P.Nos.16143,16149 and 16150 of 2009 dated 06.08.2009, the Collector concerneddirected the Revenue Divisional Officer concerned to hold an enquiryand submit a report. Accordingly a report dated 05.09.2009 wassubmitted, wherein it is stated as under:

“The Tahsildar, Nereducherla has enquired the representation (9)farmers referred by the District Collector, Nalgonda and submitted hisreport dt 6-8-09 and 22-8-09. The Tahsildar, Nereducherla visitedagricultural fields of ryots, enquired about cultivation of BPT paddy withneighboring ryots, stated that all the ryots referred by the DistrictCollector, Nalgonda is cultivated BPT paddy during the 2008 Abi usingNSP water in their patta lands and their leased land. Sri KonathamRam Narsimha Reddy S/o Budda Reddy R/o Nereducherla has takenan extent of Ac.20-09 gts of land on lease from Sri Konatham VenkatReddy S/o Ranga Reddy, Sri Konatham Venkat Reddy S/oSatyanarayana Reddy, Smt Malgireddy Padmamma W/o SambiReddy and Sri Malgireddy Srinivas Reddy S/o Sambi Reddy allresidents of Nereducherla and further all the 9 ryots deposited the BPTpaddy in Andhra Pradesh State Warehouse Corporation Godown Nereducherla and obtained A.P.S.W.H.C. receipts. All the 9 ryotstaken loan from SBH Bethavolu and Nereducherla after deposit ofthese original receipts of APSWHC the details of paddy produced,deposit of APSWHC godown, Nereducherla and its receipts and bankloan obtained by the ryots depositing APSWHC original receipts aregiven in the proforma given.”

From a perusal of the above, it appears that the petitioners areagriculturists and the stocks that were seized are their agriculturalproduce. As the Collector did not pass any orders despite directionsgiven by this Court earlier in W.P.Nos.16143, 16149 and 16150 of 2009on 06.08.2009, stocks seized are hereby ordered to be released infavour of the petitioners. However, the petitioners shall furnish third partysecurity equivalent to the value as assessed by the Collector.

These three Writ Petitions are disposed of. No costs.

____________________________

(GOPALA KRISHNA TAMADA, J)

31[st ]December, 2009Note: Issue wire at party’s costs.(B/o)GHN

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