Writ petition challenging demand for market value of house sites was dismissed for non-prosecution as petitioners' counsel was absent on the day of hearing.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
SATURDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT
PRESENT
HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No: 17382 of 2001
Between:
1 Doki Ratnakaram S/o Venugopal R/o New Colony, Kasibugga, Srikakulam District.
2 Kotha Kota Vasudeva Rao S/o Late Surayanarayana R/o New Colony, Kasibugga, Srikakulam District. 3 Patnana Nageswar Rao S/o Late Thandu R/o New Colony, Kasibugga, Srikakulam District. 4 Ponnakanti Babu Rao S/o Raja Rao R/o New Colony, Kasibugga, Srikakulam District.
5 Kambala Appalaswamy S/o Late Patheyya K.T.Road,, Kasibugga, Srikakulam District. 6 Kanithi Bhaskar Rao S/o Rama Murthy, Hindu, R/o New Colony, Kasibugga, Srikakulam District. 7 Raulnate Narsimhulu @ Chinna Narasimhulu S/o Balaji Rati
R/o Gunneswar Nagar, Kasibugga, Srikakulam District.
8 Chitradu Indra Prasad Rao S/o Byragi Achari , Hindu, R/o New Colony, Kasibugga, Srikakulam District. 9 Ratnala Bhupath Rao S/o Late Sanyasi R/o New Colony, Kasibugga, Srikakulam District.
.....
PETITIONER(S)
AND
Srikakulam.
.....RESPONDENT(S)
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 to issue an order or direction, more in the nature of Writ of Mandamus, directing teh respondents, not to treat these petitioners as unauthorised occupries of the hiuse sites on which they made constructions long bach not to demand the market value as fixed in pursuance of G.O.Ms.No.508, Revenur (ASN-I) Department, dt: 20.10.1995, declaring that the purchase of the house sites by the petitioners situated in Survey Nos.207/1, & 217/3 of Kasibugga village, Palasa Mandal, Srikakulam District and their possession and construction of the houses are lawful that the Government has no right to collect any amounts towrds market price under the guise of regularising the occupations, the Government has fix up such market value of the lands which was prevailing by the date on which the Government made assignments of the petitioners came into possession of these houses sites, on an analogy of the provisions of the Land Acquisition Act, or as per the principals of natural justice that they open position of these lands by constructing their houses long back, the Government is estopped to challenge their title, and consequently direct the respondents not to take steps such as demolition of the houses of the petitioners situated at Kasibugga Village, Palasa Mandal, Srikakulam District and pass
Counsel for the Petitioner:MR.B.V.RAMANA
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
ORDER :
Since none appeared for the petitioners on 14-11-2008 the writ petition was directed to be listed today under the
caption ‘for dismissal’. Even today also, neither the counsel for petitioners is present nor there is any representation on behalf of the petitioners.
Therefore, the writ petition is dismissed for
non-prosecution. No costs.
______________________________ RAMESH RANGANATHAN, J.
15th November 2008 CVRK
Doki Ratnakaram and others
The District Collector, Srikakulam
The Revenue Divisional Officer, Tekkali
The Mandal Divisional Officer, Palasa Mandal
The Revenue Divisional Officer/Convernor
Ramesh Ranganathan
As recorded by the court registry
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