In Writ Petition No.25269 of 2006, this Court held that petitioners aggrieved by house site patta allotment have an effective remedy under Board Standing Order 15. The petition was dismissed with status quo for ten days to enable the appeal.
Status quo granted for ten days to enable appeal; No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.25269 of 2006
Dated:06.12.2006
Between:
M.Venkata Ramudu and another.
…Petitioners
and
The District Collector and others.
…Respondents
HON’BLE SRI JUSTICE V.V.S.RAO
WRIT PETITION No.25269 of 2006
ORDER:
The two petitioners are residents of Pedakammarapalli Village of Puttaparthi Mandal in Anantapur District. They own land admeasuring Ac.0.26 cents in Survey No.48-2 of Yenumulapalli Village, which they purchased under registered sale deed dated 02.08.2004. They filed instant Writ Petition aggrieved by the grant of house site pattas admeasuring Ac.0.02½ cents each to respondents 5 to 9. It is their grievance that the assignees are not eligible for assignment of house site pattas and that as per the Master Plan the land in Survey No.28412 is earmarked for 100 feet road expansion, and therefore, the same cannot be granted.
After hearing the learned Counsel for the petitioner, the learned Assistant Government Pleader for Revenue (Assignment) and the learned Counsel for respondents 5 to 9/caveators, this Court is of considered opinion that the petitioners have an effective remedy under para 15 of Board Standing Order 15 before the Revenue Divisional Officer. The petitioners may avail the remedy by filing appeal within a period of one week from the date of receipt of a copy of this order. So as to enable the petitioners to obtain appropriate orders from the appellate authority, there shall be status quo as on today for a period of ten days. The Revenue Divisional Officer shall consider the matter
duly examining all the objections raised by the petitioners including the ground that respondents 5 to 9 are ineligible for allotment of house site pattas. The appeal may be disposed of as expeditiously as possible.
The Writ Petition is accordingly disposed of. No costs.
____________ (V.V.S.RAO, J) 06.12.2006 Note: Issue C.C by tomorrow. B/o. vs
1 issue framed by the court
Whether the petitioners have an alternative effective remedy for the objection to house site patta allotment.
M. Venkata Ramudu and another
The District Collector and others
V.V.S. Rao
Justice V.V.S. Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
