Telangana High Court
WP/24763/2004 of Nadimpalli Satyanarayana Raju, Vs The District Collector, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24763 of 2004 Between: Nadimpalli Satyanarayana Raju, S/o. Late Veeraju, East Godavari
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 SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.24763 of 2004
Between:
Nadimpalli Satyanarayana Raju, S/o. Late Veeraju, East Godavari District.
AND
..... PETITIONER
1 The District Collector, Kakainada East Godavari District.
2 The Mandal Revenue Officer, Ravulapalem Mandal, E.G.District.
3 Nadimpalli Kadereswara Raju, S/o. Jogi Raju, R/o. Marapalli Village & mandal, R.R.District 4 Nadimpalli Lakshmipathi Raju, S/o. Jogi Raju R.R.District.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toIssue a Writ, order or direction especially one in the nature of writ of mandamusdeclaring the action of the respondents 1 and 2 in trying to interfere with thepossession of the property and trying to dispossess me from the property i.e., Ac.0-58 cents in S.No. 61/11, Ac.1.00 cents in S.No.61/16, Ac. 0-12 cents in S.No.91/3,Ac. 0-55 cents in S.No.91/5, Ac. 0-24 cents in S.No. 74/1, Ac.0-21 cents in S.No.74/2and Ac.5-52 cents in S.No.74/3, totalling Ac.8-22 cents situated in Ubalanka villageof Ravulapalem Mandal, East Godavari District without following due process of law,is arbitrary, violation of principles of natural justice and Art 300-A of Constitution ofIndia.
Counsel for the Petitioner: MR.VL.N.G.KMURTHY
Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE
Counsel for the Respondent Nos.3 and 4: --- The Court, at the admission stage, made the following:
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ORDER:
The petitioner claims to be owner and possessor of lands admeasuring Ac.0.58cents in Survey No.61/11, Ac.1.00 cents in SurveyNo.61/16, Ac.0.12 cents in SurveyNo.91/3, Ac.0.55 cents in SurveyNo.91/5, Ac.0.24 cents in Survey No.74/1, Ac.0.21cents in Survey No.74/2 and Ac.5.52 cents in SurveyNo.74/3 situated in Ubalankavillage of Ravulapalem Mandal, East Godavari District. It is stated that respondents3 and 4 with intend to grab the said lands of the petitioner filed civil suits against himand there are no any interim orders in the said suits against the petitioner. Thegrievance of the petitioner is that at the instigation of respondents 3 and 4, when the2[nd] respondent-Mandal Revenue Officer without giving any notice and withoutfollowing the due process of law, is trying to interfere with his possession and todispossess him from the lands in question, he made a representation dated01.11.2004 to the 1[st] respondent-District Collector, but, no action has been taken sofar. Hence, he filed the present writ petition.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed to dispose of the writ petition at the admission stage.
Since the representation of the petitioner dated 01.11.2004 is said to be pendingconsideration before the 1[st] respondent-District Collector, without going into themerits of the matter, I deem it appropriate to dispose of the writ petition with adirection to the 1[st] respondent-District Collector to consider the same and passappropriate orders thereon in accordance with law. Till then, status quo existing ason today shall be maintained.
With the above direction, the writ petition is disposed of at the admission stage. Nocosts.
________________
(N.V. RAMANA, J)
Date: 30.12.2004Nsr/Tvk
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The District Collector, Kakainada East Godavari District.
2 The Mandal Revenue Officer, Ravulapalem Mandal, E.G.District.
3 Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT)
4 Two CD copies.