Telangana High Court
WP/24474/2004 of M/s. Mc.Dowell AND Co.Ltd., Having its registered office Vs The Prl.Secretary to Government, on 28 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24474 of 2004 Between: M/s. Mc. Dowell & Co.Ltd., having its registered office At Mc.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANA
WRIT PETITION NO.24474 of 2004
Between:
M/s. Mc. Dowell & Co.Ltd., having its registered office At Mc. Dowell House, 51 Rich Mond road, Bangalore-25, Rep. by its Power of Authority Holder Shri Krishna Swamy Iyenger, S/o Ranga Chari, R/o 345-SRT, S.R. Nagar, Hyderabad.
..... PETITIONER
AND
1. The Prl. Secretary to Government, Revenue Department, SecretariatBuilding, Hyderabad.Building, Hyderabad.
2. The Commissioner Appeals, Urban Land Ceilings, Nampally Station Road,Hyderabad.Hyderabad.
3. The Special Officer and Competent Authority, Urban Land Ceiling,Visakhapatnam.Visakhapatnam.
4. The District Collector, Visakhapatnam.
5. The Commissioner, Municipal Corporation, Visakhapatnam.
6. The Vice Chairman, Visakhapatnam Urban Development Authority,Visakhapatnam.Visakhapatnam.
7. The Mandal Revenue Officer, Visakhapatnam Urban Mandal,Visakhapatnam.Visakhapatnam.
8. The Station House Officer, Visakhapatnam Town, Visakhapatnam.
9. The Vice-Chairman & Managing Director, Andhra Pradesh IndustrialInfrastructure Corporation Ltd., 6[th] Floor, Parisramabhavan, 5-9-58/B,Basheerbagh, Hyderabad –500 004, A.P.Infrastructure Corporation Ltd., 6[th] Floor, Parisramabhavan, 5-9-58/B,Basheerbagh, Hyderabad –500 004, A.P.
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 or order more particularly one in the nature of Writ of Mandamus for adeclaration that the inaction of the 2[nd] respondent in not entertaining the statutoryappeal filed by the petitioner company under Section 33 of the Urban Land CeilingAct against the orders passed in C.C.No.6698/76 by the 3[rd] respondent i.e., theSpecial Officer and Competent Authority, Urban Land Ceilings, Visakhapatnam andthe hasty steps of the 1[st] respondent Government in entrusting the land of thepetitioner company to an extent of 4.3101 Hectares in Sy.No.1011/36 of Block No.39of Waltair Ward, Visakhapatnam to the 9[th] respondent or any authority or institutionpending disposal of the statutory appeal is illegal, arbitrary in spite of theobservations of the Hon’ble Court passed in W.P.No.11591 of 2004, dated28.09.2004 and as confirmed in W.A.No.1712 of 2004, dated 3.11.2004 anddirections to the 2[nd] respondent to entertain the appeal and decide the same takinginto consideration of the decisions of the Hon’ble Supreme Court in Review Petition(Civil) Nos.288-292/2002 and S.L.P ( C ) Nos.22972-22976/2001, dated 3.4.2002and orders of this Hon’ble Court passed in W.P.No.11591 of 2004, dated 28.09.2004and as confirmed in W.A.No.1712 of 2004, dated 3.11.2004 and pass necessaryorders allowing the Appeal meanwhile pass orders directing the respondents not toallot, entrust or assign the land of the petitioner Company pending disposal of thestatutory appeal under Section 33 of the Urban Land Ceiling Act, 1976 in favour of9[th] respondent or any 3[rd] party or 3[rd] parties or any institution or institutions.
Counsel for the Petitioner: MR.C.HANUMANTHA RAO
Counsel for the Respondent Nos.1 to 4, 7 and 8: GP for AssignmentCounsel for the Respondent No.5: MR.T.S.VENKATARAMANACounsel for the Respondent No.6: M/s. P. Sumalini Reddy.
The Court, at the admission stage, made the following :
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ORDER:
The grievance of the petitioner-Company in this writ petition is that it filed an appealbefore the 2[nd] respondent-Commissioner, Urban Land Ceilings against the orderpassed in C.C.NO.6698 of 1976 by the 3[rd] respondent-Special Officer andCompetent Authority, Urban Land Ceilings, but the 2[nd] respondent neitherconsidered the same nor passed any orders so far. It is also the grievance of thepetitioner-Company that while pending the said appeal, the 1[st] respondent
Government is trying to entrust the land of the petitioner-Company to an extent of4.3101 Hectares in Survey No.1011/36 of Block No.39 of Waltair Ward,Visakhapatnam to the 9[th] respondent. Hence, the present writ petition has beenfiled.
Heard the learned counsel for petitioner as well as the learned counsel forrespondents.
Since, the petitioner has already filed an appeal before the 2[nd] respondentagainst the impugned orders passed by the 3[rd] respondent, I see no reasons to interfere with the matter in exercise of jurisdiction under Article226 of the Constitution of India. However, the petitioner is at liberty to pursue hisremedies before the appellate authority.
The writ petition is accordingly disposed of. No costs.
Date: 28.12.2004
Nsr/Tvk
_______________
(N.V. RAMANA, J)
..... REGISTRAR
SECTION OFFICER
To
1. The Prl. Secretary to Government, Revenue Department, SecretariatBuilding, Hyderabad.Building, Hyderabad.
2. The Commissioner Appeals, Urban Land Ceilings, Nampally StationRoad, Hyderabad.Road, Hyderabad.
3. The Special Officer and Competent Authority, Urban Land Ceiling,Visakhapatnam.Visakhapatnam.
4. The District Collector, Visakhapatnam.
5. The Commissioner, Municipal Corporation, Visakhapatnam.
6. The Vice Chairman, Visakhapatnam Urban Development Authority,Visakhapatnam.Visakhapatnam.
7. The Mandal Revenue Officer, Visakhapatnam Urban Mandal,Visakhapatnam.Visakhapatnam.
8. The Station House Officer, Visakhapatnam Town, Visakhapatnam.
9. The Vice-Chairman & Managing Director, Andhra Pradesh Industrial Infrastructure Corporation Ltd., 6[th] Floor, Parisramabhavan, 5-9-58/B,Basheerbagh, Hyderabad –500 004, A.P.Basheerbagh, Hyderabad –500 004, A.P.
10. Two CCs to GP for Assignment, High Court of AP, Hyderabad (OUT)
11. Two CD copies.