Telangana High Court
WP/28035/2008 of Sri Dattatreya Ashramam Vs The District Collector on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.28035 of 2008 Between: Sri Dattatreya Ashramam Rep. by Founder-President, Vidwan Sri Anem
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE V.V.S.RAOWRIT PETITION No.28035 of 2008
Between:
Sri Dattatreya Ashramam Rep. by Founder-President, Vidwan Sri AnemSubbarayulu Kummarimitta, Venkatagiri Town, Nellore District.
..... PETITIONER
AND
1 The District Collector, Nellore, Sri Potti Sri Ramulu, Nellore District.
2 The Revenue Divisional Officer, Guduru, Sri Potti Sri Ramulu Nellore District.
3 The Tahsildar, Venkatagiri, Sri Potti Sri Ramulu, Nellore District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue an appropriate Writ, order or direction moreparticularly one in the nature of a Writ of Mandamus declaring theinaction of the respondents in not regularizing the possession of thepetitioner-Ashramam which is situated in S.No.1/21 of VenkatagiriVillage, in an extent of Ac.1-75 cents in spite of several representationsmade by the petitioner-Ashramam for issuance of Patta by regularisingtheir possession over the above mentioned property as illegal, arbitraryand unconstitutional and consequently direct the respondents to issuepatta to the petitioner-Ashramam in respect of the land in which they arein possession from the time immemorial by regularising the possessionover the same.
Counsel for the Petitioner:MR.N.RAVI PRASAD
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.28035 of 2008
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ORDER:
Sri Dattatreya Ashramam, occupied an extent of Acs.1.75 in surveyNo.1/21 situated at Kummarimitta, Ammavaripeta Gram Panchayat ofVenkatagiri Town in Nellore District, is a Government land. On0.7.2008, a representation was made to respondents for regularization,in vain. Therefore they filed the instant writ petition.
Learned Counsel for petitioner contends that petitioner is a societyregistered under Societies Registration Act, 1860, established for thepurpose of propagating Sanathana Dharma. After occupyingGovernment land, petitioner involved in number of social and religiousactivities. As the land is not useful for Government, they approachedrespondents for regularization.
A copy of representation addressed to District Collector, Nellore, isannexed to writ petition. If the same is pending, the same may beconsidered in accordance with Para 21 of Board Standing Orders readwith G.O.Ms.No.166, dated 16.12.2008 and other relevant GovernmentOrders and necessary orders may be passed duly communicating thesame to petitioner. The exercise may be completed within a period ofsix months from the date of receipt of a copy of this order.
The writ petition, with the above observations, is accordinglydisposed of. No costs.
December 24, 2008.
YS
______________
(V.V.S.RAO,J)
To
1 The District Collector, Nellore, Sri Potti Sri Ramulu, Nellore District.
2 The Revenue Divisional Officer, Guduru, Sri Potti Sri Ramulu Nellore District.
3 The Tahsildar, Venkatagiri, Sri Potti Sri Ramulu, Nellore District.
4 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) Hyderabad (OUT)
5 Two CD copies.