The court allowed a writ petition assailing a land assignment. It ruled that the assignment became infructuous as the beneficiaries did not appear despite a ten-year-old status quo order. The assignment was set aside without determining land title.
The impugned assignment in favour of respondents 2 to 4 was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.23598 OF 2004
DATED 26TH SEPTEMBER, 2014
Between: Koppula Ramulu … Petitioner and The Mandal Revenue Officer, Jeelugumilli, West Godavari District and others … Respondents
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.23598 OF 2004
O R D E R
By way of this writ petition, the petitioner assailed the action of the Mandal Revenue Officer, Jeelugumilli, West Godavari District, in assigning an extent of land admeasuring Ac.4.44 cents in R.S. No.150/3, Rowthugudem, Jeelugumilli Mandal, West Godavari District, to respondents 2 to 4. This Court, by order dated 17.01.2005, directed status quo obtaining as on that day to be maintained until further orders.
Despite service of notice, respondents 2 to 4 did not put in their appearance either in person or through counsel.
Sri Naram Nageswara Rao, learned counsel for the petitioner, states that by virtue of the status quo order, his client continues to remain in possession of the subject land. It is his case that the subject land is a private land and the State had no authority to deal with it by way of an assignment. The issue as to the nature of the land and the title thereto cannot be decided in a writ petition. It is for the petitioner to agitate his right over the subject land before the appropriate forum in accordance with law.
In so far as the impugned assignment is concerned, the beneficiaries thereof, being respondents 2 to 4, did not evince any interest in the present litigation despite the status quo order which has been subsisting for the past ten years. The impugned assignment has therefore worked itself out and has become infructuous.
The writ petition is accordingly allowed setting aside the impugned assignment in favour of respondents 2 to 4. It shall be open to the petitioner to seek recourse to legal remedies, if warranted, before the appropriate forum. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
______________________ SANJAY KUMAR, J 26th SEPTEMBER, 2014 Svv
1 issue framed by the court
Whether the impugned land assignment is infructuous due to lack of interest by beneficiaries despite a long-standing status quo order.
Koppula Ramulu
The Mandal Revenue Officer, Jeelugumilli, West Godavari District
Respondents 2 to 4
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
