Telangana High Court
WP/25078/2008 of Chakrapani Ramesh Kumar Vs Government of Andhra Pradesh on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25078 of 2008 Between: Chakrapani Ramesh Kumar S/o. Late Venkat Chari R/o. 7-31,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.25078 of 2008
Between:
Chakrapani Ramesh Kumar S/o. Late Venkat Chari R/o. 7-31, Patamahila, Ward - 9, Sirpur Town, Adilabad Dist.
.....PETITIONER
AND
1 Government of Andhra Pradesh Rep. by the Dist. Collector Adilabad Dist. Adilabad Dist.
2 The Sub - Collector & Sub - Divl. Magistrate Asifabad, Adilabad Dist.
3 Mandal Revenue Officer
Sirpur Town, Adilabad Dist.
4 Sri Jagadeep Singh S/o. Jagdeesh Singh R/o. Sirpur, Kagaj Nagar, Adilabad Dist. Adilabad Dist.
.....RESPONDENTS
Petition under Article 226 of the constitution of India prayingthat in the circumstances stated in the Affidavit filed herein the HighCourt will be pleased to issue a writ or order of direction moreparticularly one in the nature of writ of Mandamus, declaring theaction of the Respondent 1 not disposing the legal notice dated 27thJuly, 2008 by the Petitioner. The respondents No.3 & 4 also did notcooperate by giving suitable instructions to the third party who camefor encroaching the Petitioner's land admeasuring 5 acres inSy.No.524/12 at Sirpur (t), Adilabad Dist., A.P. instead issued memocopy No. B/100/2007 dtd. 20-01-2007 which is also illegal, arbitraryand against to the principles of Natural Justice.
Counsel for the Petitioner:SRI CHAYANAM RAVINDRANATH
Counsel for the Respondents: GP FOR REVENUE
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ORDER:
THE HON'BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.25078 of 2008
The petitioner is allegedly owner and possessor of landadmeasuring Acs.5.00 in survey No.524/12 situated at Sirpur. Hemade an application to the Tahsildar, third respondent herein, on12.01.2007 for issuance of pattadar pass books. In reply thereto,Tahsildar issued memo dated 20.01.2007 informing that petitionerhas lost right to pattadar pass books and he has no right to the land. Alleging that Tahsildar manipulated the records and did not follow theprocedure at the behest of fourth respondent, the petitionercomplained to the District Collector, Adilabad, on 28.01.2007requesting necessary action against the Tahsildar for allegednegligent action/inaction on his part, in vain. Therefore, he filed theinstant writ petition. Petitioner seeks a direction to the DistrictCollector to take necessary action against third respondent and alsotake steps to prevent trespass by the fourth respondent.
The controversy in the writ petition is in a narrow compass. When the petitioner requested for pattadar pass books, Tahsildarissued a memo informing that pattadar pass books are cancelled, andpetitioner has no right. Whether or not such memo can be issued byTahsildar allegedly without conducting enquiry is a different matter. The petitioner has already sought redressal from the District Collectorwith reference to such memo requesting necessary action against thethird respondent. At the first instance, District Collector may look intothe complaint and pass necessary orders duly communicating thesame to the petitioner. This exercise may be completed within aperiod of eight weeks from the date of receipt of a copy of this order.
The Writ Petition is disposed of accordingly. No costs.
24.12.2008Note: Issue C.C in one week.
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(V.V.S.RAO, J)
To1.2CCs to2.2CD copies
Form-NIC-OGS/WP{KBJ}