Telangana High Court
WP/24628/2004 of Kethi Reddy Lakshmidhar Reddy, Vs The District Collector, Nellore District, 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: 24628 of 2004 Between: Kethi Reddy Lakshmidhar Reddy, S/o Varada Reddy, R/o 10-29-5N,
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: 24628 of 2004
Between:
Kethi Reddy Lakshmidhar Reddy, S/o Varada Reddy, R/o 10-29-5N, 2nd Lane, Christian Pet, Kavali, Nellore District.
AND
... PETITIONER
1 The District Collector, Nellore District, Nellore.
2 The Joint Collector, Nellore District, Nellore.
3 The Revenue Divisional Officer, Kavali, Nellore District.
4 The Mandal Revenue Officer, Kavali, 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 particularly one in the nature of Writ of Mandamusdeclaring the action of the 4th respondent in not disposing off the representationdated 12-4-2004 and consequential reminders culminating in representation dated3-11-2004 complaining with respect to encroachment of cart track (DonkaPoramboke) covered by Survey No. 638/2 of Kavali Bit 1Village, KavaliMandal,Nellore District which leads to petitioners agricultural lands as illegal andarbitrary.
Counsel for the Petitioner: MR.M.RAVINDRANATH REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court, at the admission stage, made the following:
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ORDER:
This writ petition is filed seeking a Mandamus in declaring the action of the fourthrespondent in not disposing of the representation of the petitioner dated 12-04-2004complaining encroachment of cart track covered by S.No.638/1 and 638/2 of Kavalivillage, Nellore District, as illegal and arbitrary.
2. Heard the learned counsel for the petitioner and the learned Government Pleaderfor Revenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of at the admission stage.
3. Petitioner claims to be the owner of lands in S.No.639 and 637 of Kavali Bit -I andS.Nos.5 and 7 of Maddurupadu village of Kavali Mandal, Nellore District. It is thecase of the petitioner that there is a cart track classified as Donkaporambokecovered by S.No.638/1 and 638/2, used for passage of carts, camel etc., which leadsto the lands of the petitioner. While so, one Sri Bandaru Durga Prasad Rao and hissons made attempts to encroach into the said cart track. Thereafter, petitioner said tohave reported the same to the fourth respondent on 12-04-2004. In spite of the same,the said person converted the said track to facilitate it for cultivation. Aggrievedthereby, petitioner is said to have made several representations to the fourthrespondent, the latest being 12-04-2004.
4. If that were the case, I deem it appropriate to dispose of the writ petition with adirection to the fourth respondent – Mandal Revenue Officer to consider and disposeof the representation of the petition dated 12-04-2004 and pass appropriate orders,within three months from the date of receipt of a copy of this order, in accordancewith law.
The writ petition is accordingly disposed of at the admission stage.
_________________
December 29, 2004MRR / SVV
// TRUE COPY //
Copy to:
1 The District Collector, Nellore District, Nellore.
2 The Joint Collector, Nellore District, Nellore.
3 The Revenue Divisional Officer, Kavali, Nellore District.
4 The Mandal Revenue Officer, Kavali, Nellore District.
5 Two C.C. s to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT)
6 Two C.D. Copies.
N.V. RAMANA, J
ASSISTANT REGISTRAR
SECTION OFFICER