Telangana High Court
Kurella Narasimhachari, S/O. ... vs The Government Of Andhra Pradesh, on 1 February, 2024
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD
(Special Original Jurisdiction)
MONDAY , THE TWENTY SIXTH DAY OF NOVEMBER,
TWO THOUSAND AND TWELVE
:PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
WP .NO:36059 of 2012
Between:
1 Kurella Narasimhachari, S/o. Anantharamulu
2 Dasoju Raghuveerachari, S/o. Venkaiah
3 Penugonda Rambabu, S/o Madanachari,
..... Petitioners
AND
1 The Government of Andhra Pradesh, Rep. by its Principal Secretary,
Revenue Department (Assignment IV), Secretariat Buildings,
Hyderabad.
2 The Chief Commissioner of Land Revenue, Government of Andhra
Pradesh, Nampally Station Road, Hyderabad.
3 District Collector, Nalgonda District, Nalgonda.
4 Revenue Divisional Officer, Nalgonda District, Nalgonda.
5 The Tahsildar, Nalgonda, Nalgonda District.
6 Swarnakara Shopping Complex Association, Nalgonda, (Regd.
No.934/2008), D.No.3-8-66, Cement Road, Nalgonda,
Rep. by its General Secretary.
7 District Swarnakara Sangham, Nalgonda (Reg.No.966/95) rep. by its
General Secretary, Cholleti Giri, Cement Road, Nalgonda.
8 Kolloju Satyanarayana, S/o Gopaiah, R/o Taraka Jewelleries, Old
Collectorate, Nalgonda.
9 Rachakonda Yadgiri, S/o Pushpagiri R/o Giri Jwelleries,
Cement Road, Nalgonda.
10 Gottimukkala Chandrasekhar, S/o G. Jogaiah, R/o Natraj Jewellery,
Cement Road, Nalgonda.
11 Kurella Madanahari, S/o. Bhujangam R/o Cement Road, Nalgonda.
12 Jillellapudy Chandraiah, R/o Cement Road, Nalgonda.
13 P. Srinivas, S/o. Late P. Jayashankar R/o. Srinivasa Jewelleries,
Cement
Road, Nalgonda
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue a writ, order or direction, more particularly, one in
the nature of Writ of Mandamus declaring the action of the respondent
authorities in not taking steps to allot the plots situated in the old
Collectorate area of Nalgonda town to the genuine members of 7th
respondent like the petitioners as illegal, arbitrary and unconstitutional and
consequently direct the respondents to cancel the allotments made in
favour of the members of the 6th respondent association at the behest of
the 6th respondent association after declaring that the allotment made vide
proceedings dated 30.06.2009 by the 4th respondent is illegal and violation
of the law laid down by this Hon'ble Court and also the A.P. (T.A) Alienation
of State Lands and Land Revenue Rules, 1975 after directing the authorities
to implement the G.O.Ms.No.324 dated 26.02.2009 in favour of the
members of the seventh respondent association like the petitioner as per
the judgments of this Hon'ble Court;
The petition coming on for hearing, upon perusing the
Petition and the affidavit filed herein and upon hearing the arguments of SRI
K.S. MURTHY Advocate for the Petitioners, and of Govt. Pleader for
Revenue for respondents 1 to 5, and of Sri P.S.P.Suresh Kumar, Advocate
for respondents 8 to 11, the Court made the following:
..Contd.
ORDER:
" The petitioners, who claim to be members of the seventh
respondent, are seeking allotment of plots in terms of G.O.Ms.No.324,
dated 26.02.2009.
Sri P.S.P.Suresh Kumar, learned Counsel appearing on behalf of
respondent Nos.8 to 11, would submit that it is not the seventh
respondent, but the sixth respondent which paid the price fixed under
G.O.Ms.No.324, dated 26.02.2009, i.e., at Rs.5,390/- per square yard.
A perusal of the said Government Order reveals that even the
basic value register as on 17.08.2005, (nearly three and half years
prior to issuance of the said Government Order), reflected the basic
value as Rs.5,520/- per square yard. It is not known as to what was
the basic value in the year 2009 when the Government Order was
issued. The plots were allotted allegedly to the members of the sixth
respondent on payment of Rs.5,390/- per square yard which is even
less than the basic value register as on 17.08.2005 of Rs.5,520/- per
square yard.
With regards the ground situation, while
Sri K.S.Murthy, learned Counsel for the petitioners, has placed before
this Court a few photographs in support of his submission that, except
for a few metal pillars having been erected even without being filled
up with concrete, Sri P.S.P.Suresh Kumar, learned Counsel for
respondent Nos.8 to 11, would submit that pits have been dug, pillars
raised, and no structures have as yet been constructed on the subject
land.
I consider it appropriate, therefore, to call for a report regarding
the nature and extent of construction on subject land.
The learned Principal District Judge, Nalgonda, is requested to
depute a Judicial Officer for inspection of the subject lands. The said
Officer shall, with the assistance of the Government Officials, carry
out an inspection and submit a detailed report about the nature and
extent of construction on the subject land. The report shall be
submitted to this Court latest by 30.11.2012.
Post on 03.12.2012 in the Motion List.
Status quo as on today shall be maintained for a period of one
week.
Registry shall send a copy of this order to the learned Principal
District Judge, Nalgonda, today.
ASSISTANT REGISTRAR
//TRUE COPY//
for ASSISTANT REGISTRAR
To
1. The Principal District Judge, Nalgonda.
( along with a copy of petition and affidavit. BY FAX/SPEED POST)
2.The Principal Secretary, Revenue Department (Assignment IV), Govt.
of
A.P., Secretariat Buildings, Hyderabad.
3 The Chief Commissioner of Land Revenue, Government of Andhra
Pradesh, Nampally Station Road, Hyderabad.
4 The District Collector, Nalgonda District, Nalgonda.
5 The Revenue Divisional Officer, Nalgonda District, Nalgonda.
6 The Tahsildar, Nalgonda, Nalgonda District.
7 The General Secretary, Swarnakara Shopping Complex Association,
Nalgonda, (Regd. No.934/2008), D.No.3-8-66, Cement Road,
Nalgonda .
8. The General Secretary, District Swarnakara Sangham, Nalgonda
(Reg.No.966/95), Cholleti Giri, Cement Road, Nalgonda.
9 Kolloju Satyanarayana, S/o Gopaiah, R/o Taraka Jewelleries, Old
Collectorate, Nalgonda.
10 Rachakonda Yadgiri, S/o Pushpagiri R/o Giri Jwelleries,
Cement Road, Nalgonda.
11 Gottimukkala Chandrasekhar, S/o G. Jogaiah, R/o Natraj Jewellery,
Cement Road, Nalgonda.
12 Kurella Madanahari, S/o. Bhujangam R/o Cement Road, Nalgonda.
13 Jillellapudy Chandraiah, R/o Cement Road, Nalgonda.
14 P. Srinivas, S/o. Late P. Jayashankar R/o. Srinivasa Jewelleries,
Cement
Road, Nalgonda. ( 2 to 14 by RPAD)
15. The Registrar (Judicial) High court of A.P., Hyderabad. (for kind
perusal)
16. 2 CCs to the Govt. Pleader for Revenue, High court of A.P., Hyd. (BY
SPL.MESSENGER)
17. One C.C.to Sri K.S.Murthy, Advocate (OPUC)
18.One C.C.to Sri P.S.P.Suresh Kumar, Advocate (OPUC)
19.one spare copy.
Bsr
HIGH COURT
RR.J
DATED 26-11-2012
POST ON 3-12-2012 IN THE MOTION LIST.
ORDER
W.P.NO. 36059 OF 2012
STATUS QUO
Bsr
Dt. 26-11-2012
HIGH COURT
RR.J
DATED 26-11-2012
POST ON 3-12-2012 IN THE MOTION LIST.
ORDER
W.P.NO. 36059 OF 2012
STATUS QUO
