WP/25114/2005 of M.Ramanjaneyulu, s/o Bala Mallaiah, Vs The Joint Collector, Warangal District on 29 December 2005

O R D E R :

1. When WPMP No.32295 of 2005 came up for consideration, with the consent of

2. Respondent 6 and 7 filed an appeal before the Joint Collector under section 90 ofA.P. (T.A.) Agricultural and Lands Act, 1950, pending the appeal an order of statusquo came to be passed on 25-7-2005. The order passed on 25-7-2005 read asfollows:

“On hearing the arguments of the counsel for petitioner on 23-7-2005 in petition filed under Se. 90 of A.P. (T.A.) Tenancy andAgricultural Lands Act, 1950 by Baptist Preston Institute OldStudent, Minorities Educational Welfare ociety, Janagaon,represented by Dr. Ch. Suvartha, President, both the partiesare hereby directed to maintain status quo, till the disposal ofthe case. The Mandal Revenue Officer, Janagaon is herebydirected to implement the status quo orders on the ground andnot to allow any construction till the disposal of the case”

Assailing the order of status quo, the petitioners filed W.P.No. 18564 of 2005. ThisCourt disposed of the said writ petition on 29[th] August, 2005. The order passed inthe said writ petition reads as follows:

“The petitioners, who are twenty seven in number, claim to beowners of small extents of plots, on which some of them havealready constructed houses. Aggrieved by the order dated 25-7-2005 passed by first respondent herein directing thepetitioners to maintain status quo till the disposal of the casefiled by respondent No. 6 and 7, they filed the present WritPetition. Be it noted that respondent Nos. 6 and 7 filed appealunder Section 90 of A.P (Telangana Area) Tenancy andAgricultural Land Act, 1950 claiming the land which isallegedly in possession of the petitioners. While entertainingthe appeal, the order was passed.

As seen from the affidavit accompanying the Writ Petition,some of the petitioners had applied for necessary permissionfrom fourth respondent municipality and when they did notreceive any response they have commenced construction andcompleted construction after which the municipality allegedlyassigned municipal numbers The impugned order also doesnot speak about this, except saying that the Mandal RevenueOfficer, should implement status quo orders passed by JointCollector and not to allow any further constructions. As someof the petitioners have already made constructions instead ofkeeping the Writ Petition pending, it would be in the interest of petitioners and respondents 6 and 7 to direct the JointCollector, Warangal, to dispose of the appeal within fourweeks from the date of receipt of a copy of this order aftergiving notice to petitioners and contesting respondents.

The Writ Petition with the above observations is accordinglydisposed of without expressing any opinion on the merits ofthe case. No costs”

3. The Joint Collector, without serving notice on the writ petitioners proceeded todispose of the appeal on 20-10-2005. The said order is under challenge in this WritPetition.

4. The grievance of the writ petitioners is that the appellate authority in spite of thedirection given by this Court in W.P.No. 18564 of 2005 did not choose to issuenotices to the petitioners and proceeded to pass an order on 20-10-2005. Thisfactual aspect is not controverted by the respondents No. 6 and 7 who are theappellants before the Joint Collector.

5. In that view of the matter, without going into the merits of the case, I deem itappropriate to set aside the order impugned in the writ petition and direct the JointCollector, Warangal to consider the matter afresh after putting on notice the writpetitioners as well as the parties in the appeal and pass appropriate orders withinfour weeks from the date of receipt of a copy of this order. The petitioners as well asRespondents No.6 and 7 are directed to make their appearance before the JointCollector on 5-1-2006.

6. With the above observations, the writ petition is disposed of. No order as to costs.

_____________________________

Justice B.Seshasayana Reddy

29[th] December, 2005

KM

29th December, 2005