Telangana High Court

WP/28394/2008 of K.S.Hussain Saheb, Vs The Tahsildar on 29 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28394 of 2008 Between: K.S.Hussain Saheb, S/o. Kamal Saheb, R/o. 3/2015,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28394 of 2008

Between:

K.S.Hussain Saheb, S/o. Kamal Saheb,

R/o. 3/2015, Upstair Raja Reddy Street, Kadapa.

..... PETITIONER

AND

The Tahsildar kadapa Mandal, Kadapa.

.....RESPONDENT

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to issue a Writ, Order or Direction more particularly one in the natureof Writ of Mandamus declaring the action of the respondent in not disposingof the Revenue Appeal Petition filed in respect of S.No.435/1, 2 & 3 to anextent of Ac.2.00, 2.00 & 3.07 respectively situated in Chinnachowk Villagefields of Kadapa Mandal & District numbered as Ref.No.1987/2006, dated22.05.2006 is illegal and arbitrary and consequently direct the respondents todispose of the revenue appeal petition filed in respect of S.No.435/1, 2 & 3 toan extent of Ac.2.00 , 2.00 & 3.07 respectively situated in Chinnachowkvillage fields of Kadapa Mandal & District numbered as Ref.No.1987 of 2006dated 22.05.2006 by declaring the land in question is a private patta land andpass such other orders.

Counsel for the Petitioner:MR.S.ARIFULLAH

Counsel for the Respondent : GP FOR REVENUE

The Court made the following :

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28394 of 2008

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ORDER:

Petitioner alleges that he is a member of a welfare association and thesaid association has purchased Acs.7.07 cents under registered sale deedsdated 7.1.1982, 24.2.1982 and 21.4.1982 with respect to lands in SurveyNos. 435/1, Acres 2.00; 435/2, Acres 2.00 and 435/3, Acs. 3.07 cents. According to the petitioner, the said lands are private lands and theassociation has got the lands divided into plots, made a layout and theindividual allottees/members are in possession. Alleging that the aforesaidlands are being assigned to certain private parties, the petitioner hasapproached the Revenue Divisional Officer, Kadapa by filing an appealpetition dated 1.5.2006, to cancel the said assignment. The RevenueDivisional Officer, thereafter, directed the petitioner to approach the MandalRevenue Officer and accordingly the petitioner claimed to have preferred anappeal before the Mandal Revenue Officer, Kadapa dated 22.5.2006. Thegrievance in this writ petition is that no orders are being passed by therespondent on the said appeal.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader and in view of the limited grievance of the petitioner, Ideem it appropriate to dispose of the writ petition by directing the respondentto consider and dispose of the aforesaid appeal seemed to have been filed by the petitioner after giving opportunity and after hearing to all the parties, asexpeditiously as possible, preferably, within a period of two months from thedate of receipt of a copy of this order.

The writ petition is accordingly disposed of. No costs.

DATE: 29[th] December, 2008

_____________________

VILAS V. AFZULPURKAR,J

pnb

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