Podiayam Nageswara Rao v. The State Of A.P

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.8932 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: "...to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 1 to 4 in entering the names of the Respondents No.5 to 7 in the revenue records in respect of land bearing Sy.Nos.331/1, 331/2 and 331/3 (Old R.S.No.247) total admeasuring Ac.5-87 cents situated at Koyarajamandry village, Buttaigudem Mandal, West Godavari District, dated 27-1-2018 and 29-1-2018 as wholly illegal, arbitrary and in violation of Principles of natural justice and consequently direct the respondents 1 to 4 to restrain the Respondents No.5 to 7 from cutting the eucalyptus trees in the land of the petitioner herein in Sy.Nos.

331/1, 331/2 and 331/3 (Old R.S.No.247) total admeasuring Ac.5-87 cents situated at Koyarajamandry village, Buttaigudem Mandal, West Godavari District until disposal of main writ petition and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2.

I have heard the submissions of Sri K. Gani Reddy, learned counsel appearing for the petitioner, and of the learned Assistant Government Pleader for Social Welfare (AP) and perused the material record.

3.

Learned counsel for the petitioner and the learned Assistant Government Pleader would submit that a case in L.T.R.(SR).No.26 of 2016 is pending adjudication regarding the subject matter before the Special Deputy Collector (Tribal Welfare), Kotaramachandrapuram, and that if the said authority calls for

necessary records and disposes of the said case, ends of justice would be met.

4.

In view of the said submissions, the Writ Petition is disposed of directing respondent No.3, the Special Deputy Collector (Tribal Welfare), Kotaramachandrapuram, Buttaigudem Mandal, West Godavari District, to dispose of L.T.R.(SR).No.26 of 2016 as expeditiously as possible and preferably within six (6) months from the date of receipt of a copy of this order, however, by following the procedure established by law.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

There shall be no order as to costs.

____________________________ M.SEETHARAMA MURTI, J March 19, 2018 MD