Telangana High Court
WP/28601/2008 of Kaluguru Kondappa, Vs The District Collector, on 29 December 2008
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 MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28601 of 2008 Between: Kaluguru Kondappa, S/o. late K.subbanna, R/o. Alamuru
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28601 of 2008
Between:
Kaluguru Kondappa, S/o. late K.subbanna, R/o. Alamuru Village, Anantpaur Rural Mandal, Ananthapur District.
AND
..... PETITIONER
1 The District Collector, Ananthapur District, Ananthapur.
2 The Revenue Divisional Officer, Anantapur, Anantapur District.
3 The Tahsildar, Anantapur Mandal, Ananthapur, Ananthapur District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue a Writ order or direction more particularly one in thenature of Writ of Mandamus declaring the action of the 3rd resopndent inissuing the impugned notice under RC.No.(B) 1406/2008 dated30.11.2008 to the petitioner calling for expalnation as to why the landadmeasuring Ac.2.70 cents situated in S.No.288 of Alamuru Villagebelongs to the petitioner shall not be resumed for the public purposeunder INDIRAMMA GRUHA NIRMANA PADHAKAM treating the said asan assigned land ingonring that fact that it is a patta land is highly illegl,improper, unjust, arbitrary, violation of fundamental rights guaranteedunder 14 and 300-A of the Constitution of India and a consequentialdirection direct the respondents to drop all further proceedings inpursuance of the notice under RC.No.(B) 1406/2008 dated 30.11.2008including dispossession of the petitioner from the land admeasuringAc.2.70 cents situated in S.No.288 of Alamuru Village, Anantapur Mandaland District and pass Counsel for the Petitioner: MR.GANDURI NAGESWARA RAO
Counsel for the Respondents: GP FOR REVENUE
The Court made the following :
THE HON’BLE SRIJUSTICE VILAS V. AFZULPURKARW.P.NO. 28601 OF 2008
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ORDER:
1. Heard learned counsel for the petitioner as well aslearned Government Pleader for Revenue and with theirconsent this writ petition is being disposed of at this stage.
2. The petitioner claims that the land bearing Sy.No. 288,admeasuring Ac.2-70 cents situated at Alamur village,Ananthapur Mandal and district is his patta land which,according to respondent No.3-Tahasildar, Anantapur Mandaland district, is subject matter of Dharakast Patta aspresumed by him under the impugned notice dated30.11.2008. The petitioner submits that he has filed hisexplanation on 1.12.2008 to the said notice. The validity ofthe said notice is questioned in this writ petition. However, inview of the fact that the petitioner has raised his contentionsin the explanation which he has filed on 1.12.2008, I deem itappropriate to direct the respondent No.3-Tahasildar,Anantapur Mandal and district to pass a reasoned order onthe explanation dated 1.12.2008 filed by the petitioner inresponse to the impugned notice. Till such orders arepassed by the respondent No.3, no coercive steps be takenagainst the petitioner in respect of the aforesaid land.
3. With the above direction, the writ petition is disposedof. No costs.
_________________________
VILAS V. AFZULPURKAR, J
Dt. 29.12.2008NB:
Copy of order be furnished in two days./BO/
KR
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The District Collector, Ananthapur District, Ananthapur.
2 The Revenue Divisional Officer, Anantapur, Anantapur District.
3 The Tahsildar, Anantapur Mandal, Ananthapur, Ananthapur District.4. 2 CCs to GP for Revenue4. 2 CCs to GP for Revenue
5. 2 CD copies
Form-NIC-OGS/WP{LS}