Telangana High Court
WP/24626/2004 of Smt. Gadde Satyavathi Vs The District Collector, on 29 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 24626 of 2004 Between: Smt. Gadde Satyavathi W/o G.Satyanarayana Singarajupalem village
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 24626 of 2004
Between:
Smt. Gadde Satyavathi W/o G.SatyanarayanaSingarajupalem village Nallajerla Mandal, West Godavari District.
AND
..... PETITIONER
1 The District Collector, West Godavari District.
2 The Revenue Divisional Officer Eluru, West Godavari District.
3 The Mandal Revenue Officer Nallajerla Mandal,
4 The Village Secretary-Singarajupalem village Nallajerla Mandal,
West Godavari 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 more particulary one in the nature of Writ ofMandamus declaring the action of the respondents in stalling the construction ofcommunity hall in Sy.NO.610/2 of Singarajupalem village, Nallarjerla Mandal, WestGodavari District, as illegal arbitrary and violative of Principle of Natural Justice .
For the Petitioner: MR.UNNAM.MURALIDHAR RAO, Advocate For the Respondent Nos.1 to 3: GP FOR REVENUE
For the Respondent No.4: Mr. D. Srinivas, Advocate.
The Court at the stage of admission made the following:
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ORDER:
It is the case of the petitioner that when the villagers of Singarajupalem of NallajerlaMandal, West Godavari were constructing Geetha Mandiram in Survey No.610/2 inthe land belonging to Shiva Alayam, the third respondent, on the complaint made byone K. Bheema Shankar Chowdary alleging that the construction was being carriedout in the land belonging to minor irrigation tank, issued notice under Section 6 ofthe Land Encroachment Act (for short “the Act”) directing the villagers to vacate theland. Thereafter, it is stated, the said Shankar Chowdary filed a writ petition in W.P.No.25720 of 2002, wherein this Court directed the respondents therein to implementthe orders passed under Section 6 of the Act. While so, it is stated, on an applicationfiled by the villagers, the third respondent submitted reports, dated 09-07-2004 and28-09-2004 to the first respondent intimating that the construction of GeethaMandhiram is being carried out in R.S. No.610/2 only and not in the land of minorirrigation tank which is in R.S. No.610/1, and sought necessary instructions in thematter. The grievance of the petitioner is that in spite of the said recommendationsmade by the third respondent and despite a representation submitted by them on 08-11-2004 seeking permission to proceed with the construction of Geetha Mandhiram,the first respondent has not passed any orders thereon. Hence, the writ petition.
Heard the learned counsel for the petitioner, learned Government Pleader forRevenue appearing on behalf of respondent Nos.1 to 3 and learned counsel forrespondent No.4.
Having regard to the fact that the representation said to have been made bypetitioner seeking permission to proceed with the construction of Geetha Mandhiram in the light of the reports of the third respondent, is pending consideration before thefirst respondent, the writ petition is disposed at the stage of admission with adirection to the first respondent to pass appropriate orders on the representation ofthe petitioner, dated 08-11-2004 taking into consideration the alleged reports of thethird respondent, dated 09-07-2004 and 28-09-2004, within a period of eight weeksfrom the date of receipt of a copy of this order.
______________
N.V. RAMANA, J
Date: 29-12-2004
Svv
To
1 The District Collector, West Godavari District.
2 The Revenue Divisional Officer Eluru, West Godavari District.
3 The Mandal Revenue Officer Nallajerla Mandal,
4 The Village Secretary-Singarajupalem village Nallajerla Mandal, West Godavari District. West Godavari District.
5 Two C.Cs to the Government Pleader for Revenue, High Court Buildings, A.P.,Hyderabad.
6 Two C.D.copies.