Allowed

Peddaboina Shivamma v. The Government of Andhra Pradesh, Rep by its Principal

Telangana HC19 Nov 2013WP/33048/2013

Case brief

AI extract

What is this about?

This writ petition challenged inaction in disposing of an appeal regarding land entries and sought to set aside land acquisition proceedings. The court directed the respondent to decide the pending appeal within two months and disposed of the writ without interference in the acquisition proceedings pending the appeal outcome.

What did the court decide?

Respondent No.3 to dispose of the pending appeal within two months; Writ Petition disposed of with liberty to assert rights subject to appeal outcome.

Peddaboina Shivamma Vs The Government of Andhra Pradesh… — Land Acquisition | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33048 of 2013 Date:19.11.2013

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Between: Peddaboina Shivamma, W/o Late Pochaiah and six others.

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..... Petitioners

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And

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The State of Andhra Pradesh, Reptd by its Principal Secretary, Revenue Department, Hyderabad and five others.

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.....Respondents

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Counsel for the Petitioners: Sri P.Pandu Ranga Reddy

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Counsel for Respondent Nos.1 to 4: Assistant Government Pleader

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for Revenue

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Counsel for Respondent Nos.5 & 6: Sri R.Radhakrishna Reddy

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The Court made the following: ORDER:

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This Writ Petition is filed for a Mandamus to declare the inaction of respondent No.3 in disposing of the petitioners’ appeal, filed against the change of entries in the record of rights effected by respondent No.4, in respect of land admeasuring Acs.6.11 guntas in Survey No.1112/2 of Narragudem Village, H/o Ameenpur Vilalge, Patancheru Mandal as illegal and arbitrary. The petitioners have also sought for the relief of setting aside the proceedings, dated 22.08.2013, of respondent Nos.2 and 4, whereunder the said extent of land was sought to be taken over for the purpose of construction of 848 houses under JNNURM Housing Scheme.

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I have heard Sri P.Pandu Ranga Reddy, learned

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counsel for the petitioners, learned Assistant Government Pleader for Revenue (Telangana area) for respondent Nos.1 to 4 and Sri R.Radhakrishna Reddy for respondent Nos.5 and 6

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As regards the first mentioned prayer of the petitioners, as an appeal stated to have been filed by them under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, is pending, respondent No.3 is directed to dispose of the same, after notice to the petitioners, within a period of two months from the date of receipt of a copy of this order.

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With regard to the second mentioned prayer of the petitioners to set aside the two proceedings referred to above, the said proceedings were issued on the premise that the land in question belongs to the Government. As the dispute in this regard is pending before respondent No.3 in an appeal, no interference can be made by this Court at this stage. The petitioners’ right over the land and the validity of the two proceedings of respondent Nos.2 and 4 depend upon the outcome of the appeal pending before respondent No.3.

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In this view of the matter, without expressing any opinion on the two impugned proceedings, dated 22.08.2013, of respondent Nos.2 and 4, the Writ Petition is disposed of with liberty to the petitioners to assert their right over the land in question, subject to the outcome of the appeal pending before respondent No.3.

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Subject to the liberty given to the petitioners as above, the Writ Petition is disposed of.

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As a sequel to the disposal of the Writ Petition, W.P.M.P.No.41108 of 2013 is disposed of as infructuous.

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__________________________ JUSTICE C.V.NAGARJUNA REDDY

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19^th November 2013

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Peddaboina Shivamma v. The Government of Andhra Pradesh, Rep by its Principal

Case brief

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What did the court decide?

Peddaboina Shivamma v. The Government of Andhra Pradesh, Rep by its Principal

Case brief

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