Telangana High Court
WP/24618/2004 of Gunji Kotaiah, 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 : 24618 of 2004 Between: Gunji Kotaiah, s/o Venkaiah, r/o Vithal Nagar, Chirala, Prakasam
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. RAMANA
WRIT PETITION NO : 24618 of 2004
Between:
Gunji Kotaiah, s/o Venkaiah,r/o Vithal Nagar, Chirala, Prakasam (Dt.)
AND
..... PETITIONER
1 The District Collector, Prakasam District, Ongole.
2 The Revenue Divisional officer, Ongole, Prakasam District.
3 The Mandal Revenue Officer, Chirala Mandal, Chirala, Prakasam 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 direction or order one in the nature of writ of mandamus declaring theaction of the respondents granting temporary pattas on Donka poramboke to anextent of 0.13 cents in S.No.96 near Dandu Bata, Perala Village within the limits ofChirala Municipality, Prakasam (Dt) is illegal and arbitrary besides against theprinciples of natural justice and against the rules of Revenue and consequentlydirect the respondents 1 to 3 to cancel the pattas granted on Donka in S.No.96 nearDandu Bata, Perala Village, within the limits of Chirala Municipality, Prakasam (Dt.)admeasuring 0.13 cents.
For the Petitioner: MRS.MADHAVI KAMBHAMPATI, Advocate.
For the Respondents: GP FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue and with their consent the writ petition itself is disposed of at the stage ofadmission.
The petitioner filed this writ petition on an apprehension that the respondentsare going to assign an extent of Ac.0-13 cents of Donka Poramboke situated inSurvey No.96 of Perala village, Chirala Municipality, Prakasam District to landlesspoor without following the Rules governing such assignment. His grievance is thatthough he made a representation dated 02-12-2004 to respondent Nos.1 and 3 forassignment of the said land in his favour, the same has not been considered so far.
Having regard to the fact that the petitioner is seeking assignment of the landand the representation stated to have been made by him on 02-12-2004 is pendingbefore respondent Nos.1 and 3, I deem it appropriate to dispose of the writ petitionwith an observation that in case the respondents intend to grant any assignment inrespect of the land in question, they may consider the said representation ofpetitioner, before such assignment.
Accordingly, the writ petition is disposed of at the stage of admission.
______________
N.V. RAMANA, J
Date: 29-12-2004
Svv
To
1 The District Collector, Prakasam District, Ongole.
2 The Revenue Divisional officer, Ongole, Prakasam District.
3 The Mandal Revenue Officer, Chirala Mandal, Chirala, Prakasam District.Prakasam District.
4 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).Buildings, A.P., Hyderabad (OUT).
5 Two CD copies.