M/S.Suprabhath Farms (Colony), v. The Government Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION Nos.18015 OF 2008 AND 125 OF 2011 COMMON ORDER:

Writ Petition No.18015 of 2008 is filed seeking issuance of writ of mandamus declaring the action of the respondents in constructing a mini stadium in the premises of a check dam which was constructed in the year 2000 as illegal and against the Government Policy of preserving water bodies and consequently, direct the respondents to preserve the check dam without any construction activities. Further to direct the respondents to alienate the said property in favour of the petitioner for beautification of the said land without any alterations of the check dam.

Writ Petition No.125 of 2011 is filed seeking issuance of mandamus declaring the action of the respondents in rejecting the proposal made by the petitioner and in not considering the representations dated 05.03.2001 and 22.11.2010 filed by the petitioner before the 2nd respondent for allotment of the land in R.S.No.224 to an extent of Acs.16.10 guntas sistuated at Manchirevula village, Rajendranagar Mandal, Ranga Reddy District by way of alienation by collecting fixed market value as illegal and arbitrary and consequently, direct the respondents to allot the above said land to the petitioner. Though various grounds are raised in the writ petitions, learned counsel for the petitioner restricts his prayer seeking a direction to the Government to pass appropriate orders on the representation, dated 22.11.

2010, made by the petitioner, having regard to the order of Chief Commissioner of Land Administration and Special C.S., A.P., Hyderabad, dated 16.07.2010. A perusal of the material placed before the Court shows that on 16.07.2010, the Chief Commissioner of Land Administration and Special C.S., A.P., Hyderabad vide letter, dated 16.07.2010, directed the Government to take appropriate decision in the matter, having regard to the report of the Collector, Ranga Reddy District and the merits of the empowered committee meeting held on 21.05.2010.

has been taken by the Government and hence, the petitioner made a representation on 22.11.2010 to the District Collector requesting them to consider his representation seeking approval of alienation proposals of the land in Sy.No.224 admeasuring Acs.16.10 Gts., situated at Manchirevula village, Rajendranagar Mandal, Ranga Reddy District, in her favour for beautification of the said land, as a park area, by collecting necessary market value. Learned Government Pleader for Revenue submits that if the said application is pending consideration and if no orders are passed by the District Collector till date, the same may be directed to be considered at the earliest.

Without going into the merits of the case and having regard to the facts and circumstances of the case, both the writ petitions are disposed of directing the District Collector, Ranga Reddy District and the Government to take appropriate decision pursuant to the representation made on 22.11.2010 to the District Collector, as expeditiously as possible preferably within a period of three (03) months from the date of receipt of a copy of this Order in accordance with law having regard to the order of Chief Commissioner of Land Administration and Special C.S., A.P., Hyderabad, dated 16.07.2010. The interim order, dated 02.09.2008, passed in W.P.M.P.No.23447 of 2008 in W.P.No.18015 of 2008 shall be in force till then. Consequently, Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed.

There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:25.11.2015 INL