Remanded

Panchadara Gangamma W/o Late bennayya v. The additional Agent to the Government

Telangana HC8 Jul 2008WP/14581/2008

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court granted status quo regarding the petitioner's possession of disputed land. The eviction was stayed pending the disposal of an appeal filed against the ejectment order.

What did the court decide?

Status quo maintained regarding possession until disposal of the appeal before the Additional Agent to the Government or till disposal of the interlocutory application for suspension.

Panchadara Gangamma W/o Late bennayya Vs The additional… — Land Acquisition | Telangana HC (2008)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT

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THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14581 of 2008

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Between:

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Panchadara Gangamma W/o Late bennayya R/o Velagapalem Village, rajavommangi mandal, East Godavari District.

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..... PETITIONER

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AND

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1 The additional Agent to the Government Rampachodavaram, East Godavary District. 2 The Special Deputy Collector (TW) Rampachodavaram, East Godavari District. 3 The mandal Revenue Officer, Rajavommangi mandal, E.g. district. 4 Kongara Raja Babu S/o peda Kannayya Ginjarthi Village, Vattigadda (PO) Rajavommangi Mandal, E.G. District.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate Writ, or order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in evicting the petitioner from the land to an extent of Ac. 5.90 cent sin R.S. Nos. 30/1A and 30/1 of Ginjarthi Village, Rajavommangi mandal, E.G. district in pursuance of the order passed by the 2nd respondent in LTR P No. 82/2005, dt 6-5-2008 pending disposal of the appeal filed before the 1st respondent as illegal, arbitrary and unjust and consequently direct the respondents not to evict the petitioner from the above mentioned land pending disposal of the appeal in the interest of justice and to pass such other order or orders.

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Counsel for the Petitioner:MR.K.VENKATESH

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Counsel for the Respondent No.: GP FOR SOCIAL WELFARE

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The Court made the following :

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THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY

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WRIT PETITION No.14581 OF 2008

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ORDER:

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1. The petitioner is the owner and possessor of Ac. 5-90 cents in R.S.Nos.30/1A and 30/1 of Ginjarthi village, Rajavommangi Mandal, East Godavari District.

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2. Proceedings have been initiated against him at the instance of Kongara Raja Babu-4^th Respondent for ejectment on the ground that his possession is in contravention of provisions of A.P. (Scheduled Area) Land Transfer Regulation 1/1959 as amended by Regulation 1/1970.

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3. The Special Deputy Collector, (T.W.) Rampachodavaram-2^nd Respondent conducted enquiry and ordered for ejectment of the petitioner from the land in dispute. He preferred an appeal before the Additional Agent to Government, Rampachodavaram on 30-6-2008. Pending the appeal, the Mandal Revenue Officer, Rajavommangi Mandal,-3^rd Respondent is making hectic efforts to eject the petitioner from the land in dispute pursuant to the orders passed by the primary authority. Hence, this writ petition.

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4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare, appearing for Respondents NO.1 to 3.

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5. Indisputably the appeal filed by the petitioner as provided under the provisions of A.P. (Scheduled Area) Land Transfer Regulation 1/1959 as amended by Regulation 1/1970 is pending before the Additional Agent to the Government, Rampachodavaram-1^st Respondent. 6. In that view of the matter, there shall be status quo with regard to the possession pending disposal of the appeal before the Additional Agent to Government, Rampachodavaram, East Godavari District-1^st Respondent or till disposal of the Interlocutory Application seeking suspension of the

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order passed by the primary authority, whichever is earlier. 7. Accordingly, this writ petition is disposed of. No order as to costs.

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_____________________________ Justice B.Seshasayana Reddy

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8^th July, 2008. KM

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THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY

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WRIT PETITION No.14581 OF 2008

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8th July, 2008.

Panchadara Gangamma W/o Late bennayya v. The additional Agent to the Government

Case brief

What is this about?

What did the court decide?

Panchadara Gangamma W/o Late bennayya v. The additional Agent to the Government

Case brief

What is this about?

What did the court decide?

What the court decided

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