Telangana High Court
WP/24537/2004 of Pandipati Vamsidhar Reddy, Vs The District Collector, on 29 December 2004
HIGH 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: 24537 of 2004 Between: 1 Pandipati Vamsidhar Reddy, S/o. Raghava Reddy, R/o.
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. RAMANAWRIT PETITION NO: 24537 of 2004
Between:
1 Pandipati Vamsidhar Reddy, S/o. Raghava Reddy, R/o. Buchireddipalem, Nellore District.
2 Pandipati Raghava Reddy, S/o. Chinna Masthan Naidu, R/o. Buchireddipalem, Nellore District.
AND
... PETITIONERS
1 The District Collector, Nellore, Nellore District.
2 The Revenue Divisional Officer, Kavali, Nellore District.
3 The Mandal Revenue Officer, Sangam Mandal, Nellore 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, order or direction more particularly one in the nature of writ ofmandamus declaring the undated order of the 3rd respondent in respect of Ac.1.86cents of dry land in Sy.No.461/2 and Ac.1.02 cents of dry in Sy.No.461/1 passedagainst the 1st petitioner and in respect of Ac.4.00 of dry land in Sy.No.461/1 andAc.3.00 of dry land in Sy.No.461/2 passed against the 2nd petitioner situate inTarunavai village of Sangam Mandal, Nellore District as illegal, arbitrary, unjust andin violation of provisions of A.P.(Proh of Alienation of Agrl lands) Act 1977 andArticles 14 and 21 of the Constitution of India and principles of natural justice andconsequently set-aside the above orders of the 3rd respondent.
Counsel for the Petitioner: MR.M.VENKATA NARAYANA
Counsel for the Respondents: GP FOR REVENUE
The Court, at the admission stage, made the following:
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ORDER:
Heard the learned counsel for the petitioner as well as the learnedGovernment Pleader for Revenue for the respondents and with their consent, thewrit petition is being disposed of finally at the admission stage.
2. In this writ petition, the petitioners are challenging the order passed by the thirdrespondent – Mandal Revenue Officer in Proceedings Rc.No.248 /04 in respect ofAc.1.86 cents of dry land in Sy.No.461/2 and Ac.1.02 cents of dry in Sy.No.461/1passed against the 1st petitioner and in respect of Ac.4.00 of dry land in Sy.No.461/1and Ac.3.00 of dry land in Sy.No.461/2 passed against the 2nd petitioner situated inTarunavai village of Sangam Mandal, Nellore District.The impugned orders wereissued by the third respondent in exercise of the powers under the provisions of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’).
3. Admittedly, against the impugned orders, the petitioners have an effectivealternative remedy of filing an appeal before the Revenue Divisional Officerconcerned and without availing the same, the petitioners have approached thisCourt in a posthaste manner.
4. In the circumstances, without going into the merits of the case, the writ petition isdisposed of directing the petitioners to file an appeal along with a stay applicationbefore the second respondent - Revenue Divisional Officer within a period of sixweeks from today. The second respondent – Revenue Divisional Officer is directedto pass appropriate orders either on the stay application or dispose of the appealitself, as expeditiously as possible. Till the disposal of the stay application, statusquo existing as on today shall be maintained.
The writ petition is accordingly disposed of at the admission stage.
December 29, 2004
MRR / SVV
Copy to:
1 The District Collector, Nellore, Nellore District.
2 The Revenue Divisional Officer, Kavali, Nellore District.
3 The Mandal Revenue Officer, Sangam Mandal, Nellore District.
4 Two C.C. s to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT)
5 Two C.D. Copies.
________________
N.V. RAMANA, J