Remanded

The District Collector, v. Gorantla Butchi Naidu

Telangana HC5 Sept 2012WA/170/2012

Case brief

AI extract

What is this about?

The Acting Chief Justice and Justice Afzulkar allowed a writ appeal filed by the Government against an order by the Single Judge which set aside a land resumption order. The Bench remanded the matter to the Joint Collector for fresh determination.

What did the court decide?

Matter remanded to the Joint Collector, Nellore, to decide afresh after giving notice and opportunity of hearing within two months.

The District Collector, Vs Gorantla Butchi Naidu — Land Acquisition | Telangana HC (2012)

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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

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AND

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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Writ Appeal No. 170 of 2012

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DATED:5.9.2012

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Between: The District Collector, Nellore and others. … Appellants And Gorantla Butchi Naidu

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…. Respondent

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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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Writ Appeal No.170 of 2012

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Judgment: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)

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This writ appeal is filed by the Government against the order dated 9.6.2010 passed by the Hon’ble Single Judge in Writ Petition No. 14198 of 2005.

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The respondent-writ petitioner filed the aforementioned writ petition praying for a writ of Certiorari to call for the records relating to and connected with the proceedings in Rc. No. E5/7800/2002, dated 27.12.2004 issued by the 2^nd appellant and to quash the same on the ground that the appellants-authorities have acted in the matter in violation of the principles of natural justice. A consequential direction was also sought to the appellantsauthorities to correct the entries in the records incorporating the name of the respondent-writ petitioner.

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The respondent-writ petitioner claimed that he is the owner and possessor of the land in an extent of Acs.79.05 cents situated in Survey No. 1/1 and Acs.3.91 cents situated in Survey No. 19/2 of Kaminenipalem Village, Dhagadarthi Mandal, Nellore District. The respondent further claimed that he purchased the said land under registered sale deeds from the vendors, who are the original patta holders and whose names also found place in the revenue

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records. While so, the Joint Collector, Nellore District, the 2^nd appellant issued the order dated 27.12.2004, which is impugned in the writ petition, ordering resumption of the lands in question on the ground that they are Government lands. Alleging that the said order was passed without issuing any notice and opportunity of hearing to the 2^nd respondent, the respondent filed the aforementioned writ petition.

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The Hon’ble Single Judge after hearing the parties and after going through the report submitted by the authorities in the matter, held that the lands in question are not Government lands and on that ground, His Lordship allowed the writ petition by setting the order dated 27.12.2004 of the Joint Collector.

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Being aggrieved and dissatisfied with the said order of the Hon’ble Single Judge, the Government filed the present appeal. After hearing the learned counsel for the parties and after considering the facts and the material placed before us, we feel it appropriate to remand the matter to the Joint Collector for deciding the same afresh.

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Accordingly, we remand the matter to the Joint Collector, Nellore, the 2^nd appellant herein, with a direction to the Joint Collector to decide the same afresh after giving notice and opportunity of hearing to the petitioner. Such an exercise shall be completed by the Joint Collector within a period of two months from the date of receipt of a copy of this order.

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The Joint Collector shall decide the matter without being influenced by the observations made by the Hon’ble Single Judge in the writ petition.

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With the above modification, the writ appeal is disposed of. No costs.

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__________________________ PINAKI CHANDRA GHOSE, ACJ

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______________________ VILAS V. AFZULPURKAR,J 5-9-2012 pnb

The District Collector, v. Gorantla Butchi Naidu

Case brief

What is this about?

What did the court decide?

The District Collector, v. Gorantla Butchi Naidu

Case brief

What is this about?

What did the court decide?

What the court decided

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