Disposed

Bahubalendruni Ramamurthy v. Government of Ap., rep.by the Principal Secretary

Telangana HC11 Dec 2023WP/14823/2009

Case brief

AI extract

What is this about?

This High Court disposed of a writ petition challenging a 2008 Government Order delegating settlement powers. With parties' consent, the petition was settled at the admission stage directing the 2nd respondent to dispose of the pending land appeal within two months.

What did the court decide?

The writ petition was disposed of directing Respondent No.2 to dispose of the pending appeal within two months of receiving the order, giving an opportunity to all parties.

Bahubalendruni Ramamurthy Vs Government of Ap., rep.by… — Land Acquisition | Telangana HC (2023)

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[³³⁰³ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

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WRIT PETITION NO:1 4823 0F 2009

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Between:

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Bahubalendruni Ramamurthy, S/o. Late Venkataramarao, Aged about 57 years, Employee.

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B.N.Purnachan-dra Rao, S/o. Ramamurthy,35 years, Advocate. 3. B.Rajasekhar, S/o. Ramamurthy, 31 year3, Aqriculture. 4. B.Kalpana, D/o. Ramamurthy, 29 yedrs, Houiehold.

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B.Nirmala, D/o. Ramamurthy, 26 years, Un-emolovee.

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B.Bharathi, D/o. Ramamurthy, 24'veari, Un-eniolovee. 7. B.Venkata Rama Rao, S/o. Ramamurthy, 22 ye'ars', Un-employee. All the petitioners Resident of Venata[uram vilage and tuahdal Khammam District.

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...PETITIONERS

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AND

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1 Government of fP., reg. by the^principal Secretary, Revenue Department, Secretariat, Hyderabad

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2 The Director of Settlements, H.No.',l088, Survey Bhavan, Narayanaguda, Hyderabad-29

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3 The Project_Officer, ITDA & Addl. Agent to Government, Bhadrachalam, Khammam District

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4( The Tahsildar (MRO), Venkatapuram, Khammam District, Smt. Bahubalendruni Kamalamma, Wo. Jaya Ramaswamy, Resident of Venkatapuram village and Mandal, Khammim District.

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.,.RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased, to issue an appropriate writ order or direction more particularly in the nature of mandamus declaring the G_O.RI.No.'1001, Rev(Ser.1/1) Department dated 2.5.2008 issued by the Principal Secretary, Revenue Departrnent, Government of AP., delegating the powers of the Director of Setflements, Hyderabad (R2) to the Project Officer, |TDA Bhadrachalam, (R3) under the A.P.Mahals, (Abolition and Conversion into Rytwari) Regulation 1969, as illegal, and without jurisdiction and consequently declare the action of the 2nd respondent

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transferring the appeal A2l399lOBl(AP&l2OOBlA2) to the^{3rd respondentis illegal,} and without any authority.

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l.A. NO: 1 OF 2009(WPMP. NO: 19455 OF 2009)

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Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased stay of all further proceedings in the appeal AP No.31/2009/A4 on the^file of^{the Project} Officer, ITDA Bhadrachalam, Khammam District^{pending disposalof the above} writ petition.

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Counsel for the Petitioners: SRI G.V.RAMANA MURTHY Counsel for the Respondent Nos.1 TO 4: AGP FOR REVENUE Counsel for the Respondent No.5:^*

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE J. SREENTVAS RAO

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WRIT PETITION No.14823 of 2OO9

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ORDER:

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These writ petitions are filed seeking the following relief:-

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"isste an appropriate u.tit order or direction more parttanlarly in the nature of mandamus declaring the G.O.RI.No.10Ol Reu.(Ser.1/1), Department, dated O2.O5.2008 issued bV the Principal Secretary Reuenue Department, Gouentment of A.P. delegating the pouers of the Director of Sdttlements, Hgderabad (R2) to the Project OlJicer, ITDA, Bhadrachalam (R3) under lh.e A.P. Mahals (Abolition and Conuersion into Rgtuari) Regulation, 1969 as illegal and without jurisdiction and consequentlg declare the action of the 2nd respondent transfering the appeal A2/ 398/ 08(AP8/ 2008/ A2) to the 3rd respondent is illegal and uithout anV authority.'

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With the consent of both the parties, the Writ Petition is being disposed of at the admission stage.

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Heard Sri G.V.Ramana Murthy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. I to 4.

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Learned counsel for the petitioners submits that the petitioners are seeking only for the disposal of the appeal pending before respondent No.2. In view of the same, notice in respect of respondent No.5 is dispensed with.

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Learned counsel for the petitioners submits that the petitioners l-rled an appeal aggrieved by the orders passed by the Settlement Oflicer, Sub-Collector, Bhadracha-lama in R.P.No.25I2OO7 in Case No.6536, dated 23.11.2OO7 before respondent No.2 invoking the provisions under Section 9 of the T.S. Scheduled Areas Mahals Abolition, Regulation 1 of 1969 which is numbered as A2/8l2OO8lA2 and, the same is still pending and requested this Court to direct respondent No.2 to dispose of the appeal by giving opportunity to the petitioners as well as respondent No.S. He also submits that in similar circumstances, this Court disposed of Writ Petstrot uide W.P.No.25392 of 2008 on 23.01.2012 and placed a copy of the said order on record.

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Learned Assistant Government Pleader for Revenue appearing on behalf of the respondents requested this Court to grant reasonable time for disposal of .the appeal flrled by the petitioners before respondent No.2.

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In view of the above said submissions, without going into the merits of the case, the Writ Petition is disposed of directing respondent No.2 to dispose of the appeal filed by the petitioner aggrieved by the orders passed by the Settlement Officer, Sub-Collector, Bhadrachalama, dated 23.ll.2OOZ within a period of two months from the date of receipt of copy

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of the order after giving opportunity to the^{petitionersand}

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respondent No.5, if not already disposed of.

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