Allowed

Sri Zahed Azamul Quadri , Siraj Quadir v. The Joint Collector, Adilabad District ,Adilabad

Telangana HC11 Apr 2008WP/7893/2008

Case brief

AI extract

What is this about?

This is a writ petition filed under Article 226 challenging the non-disposal of a stay application in a revision under the A.P. Assigned Land (POT) Act, 1977. The court directed the first respondent to dispose of the revision expeditiously and restrained dispossession of the petitioner until then.

What did the court decide?

Petitioner is directed to pass appropriate orders in the revision expeditiously and to prevent dispossession of petitioner.

Sri Zahed Azamul Quadri , Siraj Quadir Vs The Joint… — 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)

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FRIDAY, THE ELEVENTH DAY OF APRIL TWO THOUSAND AND EIGHT

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PRESENT

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THE HON'BLE MR JUSTICE N.V. RAMANA

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WRIT PETITION NO : 7893 of 2008

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Between:

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Sri Zahed Azamul Quadri @ Siraj Quadir S/o.Inrahim Quadir R/o.Bokkalaguda Adilabad Town and Adilabad District

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..... PETITIONER

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AND

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1 The Joint Collector, Adilabad District ,Adilabad

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2 The REvenue Divisional officer, Adilabad District Adilabad

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3 The Tahsildar/Mandal Revenue officer, Adilabad, Adilabad 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 to issue a writ or order or direction more particularly one in the nature of writ of mandamus by declaring the action of the 1st respondent in not disposing the stay petition filed under section 4-B(3) of AP Assigned Land (Prohibition of Transfers) Act,. 1977 which is filed along with the revision on 25.3.2008 "For stay of operation of the order" passed by the 2nd respondent (Revenue Divisional Officer,Adilabad) confirming the order passed by the 3rd respondent vide proceeding No.A/1838/2007 dated 11.3.2008 and proceeding No.C/4730/2006 dated 20.9.2007 respectively pending disposal of the revision is illegal, arbitrary, and unconstitutional of India and not only violative of Article 14 and 21 of the Constitution of India but also against the principles of natural justice and to pass

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Counsel for the Petitioner:MR.NAZEER KHAN

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Counsel for the Respondent No.: GP FOR REVENUE

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The Court made the following :

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THE HON'BLE MR JUSTICE N.V. RAMANA

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WRIT PETITION NO : 7893 of 2008

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Oral order:

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The present writ petition is filed questioning the action of the first respondent in not disposing the stay application filed in Review petition filed under Section 4-B of the A.P. Assigned Land (POT) Act, 1977 as illegal and arbitrary.

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The third respondent-Tahsildar, passed orders dated 20.9.2007 resuming land to an extent of Ac. 15.00 in survey No. 72, Bhattisawergaon village, Adilabad district, which includes the land of the petitioner herein admeasuring Ac.5.00 for violation of assignment conditions. As against the said orders, the petitioner filed an appeal dated 8.10.2007 to the Revenue Divisional officer and the same was dismissed by orders dated 11.3.2008. As against the said order, the petitioner filed a revision under Section 4-B of A.P. Assignment Lands (POT) Act, 1977 together with an application seeking interim orders and the same is pending. The petitioner alleges that since no interim orders are passed in the revision, the respondents are trying to dispossess him from the subject land. Hence, the present writ petition.

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Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. Both counsel agreed for disposal of the writ petition at the admission stage.

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Having regard to the facts and circumstances of the case and in view of the agreed stand taken by both the counsel, the first respondent is directed to consider the revision and pass appropriate orders in accordance with law, either in the interlocutory petition or in the main revision petition, expeditiously. Till such time, the respondents shall not dispossess the petitioner from the subject land.

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Accordingly, the writ petition is disposed of. No costs.

N.V.RAMANA,J

DATE: 11.4.2008

TVK

THE HON'BLE MR JUSTICE N.V. RAMANA

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WRIT PETITION NO : 7893 of 2008

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DATE: 11.4.2008

Sri Zahed Azamul Quadri , Siraj Quadir v. The Joint Collector, Adilabad District ,Adilabad

Case brief

What is this about?

What did the court decide?

Sri Zahed Azamul Quadri , Siraj Quadir v. The Joint Collector, Adilabad District ,Adilabad

Case brief

What is this about?

What did the court decide?

What the court decided

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