Telangana High Court
WP/25198/2004 of S.R.Y. Harshavardhana Prasad, Vs The Revenue Divisional Officer, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25198 of 2004 Between: S.R.Y. Harshavardhana Prasad, S/o. Late Sri S.R.Y. Ramakrishna
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 25198 of 2004
Between:
S.R.Y. Harshavardhana Prasad, S/o. Late Sri S.R.Y. Ramakrishna Prasad,Challapalli, Krishna District.
... PETITIONER
AND
1 The Revenue Divisional Officer, Bandar, Krishna District.
2 The Joint Collector, Machilipatnam, Krishna District.
3 The Land Reforms Tribunal, rep. by its Presiding Officer, Chilkalapudi, Machilipatnam, Krishna 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 writ, order or direction more in the nature of Mandamus or any otherappropriate writ declaring the impugned notice in C.C.No.3048/DD/75, dated.13.12.2004 of the 1st respondent in directing the petitioner to be present on20.12.2004 and the same is adjourned to 3.1.2005 before the 1st respondent forsurrender of an extent of 0.7692 standard extent of land belongs to the petitioner asillegal, arbitrary and consequently to set aside the same and pass appropriateorders as this Hon'ble Court may deem fit and proper in the circumstances of thecase.
For the Petitioner:MR.V.T.M.PRASAD, Advocate For the Respondents: GP FOR REVENUE
The Court at the stage of admission made the following:
ORDER:
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Questioning the impugned notice issued by the first respondent-Revenue DivisionalOfficer in C.C. No.3048/DD/75, dated 13-12-2004 directing the petitioner to bepresent before him on 20-12-2004 for surrender of the land to an extent of 0.7692standard holdings as per the judgment of third respondent passed in C.C.No.3048/DD/75 in the year 1988 declaring the father of the petitioner being inexcess of 0.7692 standard holdings, as illegal and arbitrary, the petitioner filed thepresent writ petition stating that the first respondent has no authority to issue theimpugned notice and that too without furnishing a copy of the judgment.
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue.
Having regard to the facts and circumstances of the case, the petitioner is directed tosubmit a reply to the impugned notice, dated 13-12-2004 issued by the first respondent, in which he is at liberty to take the pleathat the first respondent has no authority or jurisdiction to issue such a notice, and onsuch submission, the first respondent shall consider the same and pass appropriateorders thereon in accordance with law. Till such time, status quo existing as ontoday shall be maintained. If any application is filed by the petitioner to issue a copyof judgment in C.C. No.3048/DD/75, the first respondent shall issue the same onpayment of requisite fees.
Accordingly, the writ petition is disposed of at the stage of admission.
SD/- B.V.S.SAI PRASADASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The Revenue Divisional Officer, Bandar, Krishna District.
2 The Joint Collector, Machilipatnam, Krishna District.
3 The Presiding Officer, Land Reforms Tribunal, Chilkalapudi, Machilipatnam, Krishna District. Chilkalapudi, Machilipatnam, Krishna District.
4 Two C.Cs to the Government Pleader for Revenue, High Court Buildings,A.P.,Hyderabad (OUT).
5 Two C.D. copies
6. One CC to Mr. V.T.M. Prasad, Advocate. (OPUC)
P.M.
Dated: 31-12-2004
ORDER
WP.NO. 25198 OF 2004
Disposing of the Writ PetitionAt the admission stage.
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