Allowed

Dokka Syamsunder Singh v. The STate of Ap., rep.by its Principal Secretary

Telangana HC6 Jul 2009WP/13250/2009

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 226 challenging the inaction of the Revenue Divisional Officer who failed to dispose of an appeal filed under Section 4A of the AP Assigned Land Act. The court directed the officer to dispose of the appeal and the interim stay prayer within three days.

What did the court decide?

Directive issued to the 3rd respondent to consider and dispose of the appeal and the prayer for interim stay within three days from the date of receipt of this order.

Dokka Syamsunder Singh Vs The STate of Ap… — Execution and Attachment | Telangana HC (2009)

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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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MONDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13250 of 2009

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Between:

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Dokka Syamsunder Singh S/o.Late Dokka Asirvadam R/o.Takkellapadu village Guntur Rural Mandal, Guntur District

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..... PETITIONER

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AND

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1 The STate of AP., rep.by its Principal Secretary Revenue Department, Secretariat, Hyderabad

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2 The District Collector, Guntur

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3 The Revenue Divisional Officer, Guntur, Guntur District

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4 The Tahsildar, Guntur Rural Mandal, Guntur 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 order or a direction more particularly one in the nature of writ of mandamus declare the action of the 3rd respondent i.e. the Revenue Divisional Officer, Guntur is not disposing of the appeal filed under Sec-4A of the Andhra Pradesh Assigned Land (Prohibition of Transfer) Act, 1977 filed by the petitioner as being arbitrary, illegal, unreasonable and detrimental to the rights of the petitioner over the land in violation of Article 21 and 300A of the Constitution of India and issue a consequential direction directing the 3rd respondent to forthwith consider and dispose of the appeal filed on 21.3.2006 and pass

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Counsel for the Petitioner:MR.A.JAGAN

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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 HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.13250 OF 2009

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ORAL ORDER

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The singular grievance in this writ petition is that the 3^rd respondent has not considered and disposed of either the appeal preferred by the petitioner or the prayer for interim relief sought therein, though the appeal was filed on 21.03.2006.

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By a proceeding dated.05-05-2005 bearing RC No.900/2003-D the 4^th respondent cancelled certain orders of assignment including the assignment of Ac.4.75 cents of land made in favour of the petitioner in Sy.No.601/2 of Pedapalakaluru Village, Guntur Rural Mandal. Aggrieved thereby, the petitioner preferred an appeal to the 3^rd respondent on 21-032006 along with the prayer for grant of interim stay of the impugned order, as no interim stay were granted he would be under the threat of dispossession in view of the order of cancellation of assignment passed by the 4^th respondent. Though the appeal has been filed on 21.03.2006, the 3^rd respondent has not disposed of the appeal or even the prayer for interim relief, is a grievance in this writ petition.

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In the facts and circumstances, if the petitioner has filed an appeal as asserted in the affidavit, before the 3^rd respondent, the 3^rd respondent shall consider and expeditiously dispose of the appeal but in any event shall consider and pass orders on the prayer of the petitioner for grant of interim stay, within a period of three (3) days from the date of receipt of a copy of this order.

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The writ petition is disposed of at the stage of admission after hearing the learned counsel for the petitioner and the learned Government Pleader for Assignment. No costs.

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_________________ GODA RAGHURAM,J

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6^th JULY 2009

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**Note: Issue CC in two days. (B/O) TSNR*

Dokka Syamsunder Singh v. The STate of Ap., rep.by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Dokka Syamsunder Singh v. The STate of Ap., rep.by its Principal Secretary

Case brief

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What did the court decide?

What the court decided

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