K. Ramaswamy v. The District Collector

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 18836 of 2010 ORDER:

Heard learned counsel for the petitioners and Government Pleader for Revenue. With the consent of both the parties, the main writ petition is heard at the admission stage itself. The present writ petition came to be filed seeking issuance of writ of mandamus declaring the Auction Notification No. B/1552/2010 dated 24.07.2010 issued by the second respondent, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice.

The averments made in the affidavit filed in support of the writ petition are as under:

The petitioner Nos.1 to 4 claim themselves to be pattadars and possessor of agricultural land admeasuring Ac.1.00 in Sy.No.54/1, Ac.1.00 in Sy.No.54/A, Ac.3.00 in Sy.No.54/3 and Ac.1.00 in Sy.No.54/2, situated at Mothkoor Village, Doma Mandal, Ranga Reddy District, respectively. It is stated that the revenue authorities also issued pattadar pass books and title deeds in favour of the petitioners. It is stated that the petitioners undertaken the agricultural operations by leveling the land for the purpose of cultivation, they have removed certain land from their field and kept aside the same to protect the rain water. The said soil is not connected with the kunta or revenue authorities. While so, the second respondent assessed the quantity of Chelka soil available near Ravikunta approximately six loads treating the same as sand and issued paper notification vide Proc.No.1552/10 dated 24.07.2010 for public auction stating that interested persons shall visit Ravikunta, Mothkoor Village and file

their tender forms by depositing Rs.2000/- by fixing the date of auction on 04.08.2010 at 4.00 p.m. at Tahsil Office, Doma. Challenging the same, the present writ petition came to be filed. On 03.08.2010, this Court, while issuing notice before admission directed the matter to be listed after three weeks. There is no interim order passed by this Court on 03.08.2010. Today, when the matter is taken up for hearing, the Assistant Government Pleader for Revenue states that the auction was conducted on 04.08.2010 and an amount of Rs.40,200/- was deposited in the revenue account.

In view of the above, nothing survives for adjudication at this point of time and accordingly, the writ petition is closed. However, it is always open to the petitioner to avail the remedies, if any, available under law to agitate the other issues. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 18.12.2015 gkv