Telangana High Court
WP/26775/2005 of A.Rajendran Vs The District Collector, Chittoor, Chittoor District on 23 December 2005
MR. JUSTICE V.V.S. RAO FRIDAY, THE 23RD DAY OF DECEMBER, 2005 W.P.No. 26775 of 2005 Between:- A . Rajendran and another. --Petitioners And The District Collector, Chittoor, Chittoor district and two others. --Respondents THE HON’BLE MR. JUSTICE V.V.S. RAO W.P.No. 26775 of 2005 :O
FRIDAY, THE 23[RD] DAY OF DECEMBER, 2005
W.P.No. 26775 of 2005
Between:-
A. Rajendran and another.
And
The District Collector, Chittoor, Chittoor district and two others.
--Petitioners
--Respondents
THE HON’BLE MR. JUSTICE V.V.S. RAO
W.P.No. 26775 of 2005
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:O R D E R:
The petitioners herein purchased land ad-measuring Acs. 04-58 cents in surveyNos. 149-1, 149-2 and 149-3A at 73 situated at Mangasaamudram village, Chittoormandal, Chittoor district, under registered sale deeds dated 08-07-2004 and thevendors of the petitioners purchased the property under registered sale deeds dated 19-07-1962. The petitioners approached the 3[rd] respondent and obtained approvalfor a lay out in respect of the said land and divided the same into house sites. So asto get necessary conversion orders, they approached the Mandal Revenue Officer,who gave no objection certificate on 11-07-2005. In the meanwhile, on 29-07-2005,the Mandal Revenue Officer gave a notice to the petitioners directing them to attendhis office and produce all original documents. The petitioners accordingly produced the documents, but no decision was taken. Again, the 2[nd] respondent issuedanother notice dated 07-10-2005 inter alia directing the petitioners not to take up anypermanent structures in the land and remove the stones already planted in the land.Aggrieved by this notice dated 07-10-2005, the present writ petition is filed seeking adeclaration that the impugned notice is illegal and arbitrary.
At the stage of admission itself, learned Assistant Government Pleader has obtainedinstructions from the 2[nd] respondent. He submits that though initially the MandalRevenue Officer gave No Objection Certificate for conversion of the land, havingregard to the fact that the land is situated adjacent to survey No. 212, which isclassified as Mangasamudram Tank and the land is partly submersible and alsohaving regard to the fact that the grant of Pattadar Passbooks to vendors of thepetitioners was itself is illegal, notice was issued. He also submits that even beforeany decision is taken, the present writ petition is filed.
There is a dispute whether the land purchased by the petitioners is submersible tankbed land, in which case, no construction can be allowed. It is also a dispute whetherthe issue of Pattadar passbook to the vendors of the petitioners is contrary to law.Therefore, it would be better, if the 2[nd] respondent is directed to pass appropriateorders pursuant to the impugned notice. The petitioners are at liberty to produce allthe records before the 2[nd] respondent, if not already submitted; and also submit arepresentation. After considering the same, the Mandal Revenue Officer is directedto pass appropriate orders within a week from the date of receipt of a copy of thisorder. If the petitioners are aggrieved by the order to be passed by the 2[nd]respondent, it is open for them to file appropriate departmental appeal before theappropriate forum.
The writ petition, with the above observations and directions, is accordinglydisposed of. No costs.
23-12-2005pvks/*
____________V.V.S. RAO, J
Nb:- Registry to furnish c.c. by Monday i.e., 26-12-2005B/o pvks/*