Kodidala Bedda Venkata Subbaiah, v. The Government Of Andhra Pradesh Rep.By Its Principal

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No. 33556 of 2013 Between:

Kodidala Pedda Venkata Subbbaiah ..... PETITIONER AND The Government of A.P.

Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad & others. .....RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 13.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.V.SESHA SAI 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No 3.

Whether Their Ladyship/Lordship wishes to see the fair copy of the Judgment?

Yes/No THE HON'BLE SRI JUSTICE A.V.SESHA SAI W.P.No. 33556 of 2013 O R D E R:

This writ petition is filed seeking a writ of mandamus to declare the action of the Respondents in not releasing the properties of the

petitioner, his family members and others, in pursuance of G.O.Ms.No.204, Home (Genl.B) Department, dt. 04.12.2012 and the proceedings of the 2nd respondent in C.No.6555/C-12/CID/2002, dt. 01.01.2013, as illegal, improper and violative of Article 300-A of Constitution of India, and consequently direct the Respondents to handover the possession of the properties to the petitioner, his family members and others, which were de-notified, as per the aforesaid G.O.

2. Heard Smt. K.Sesha Rajyam, learned senior counsel, representing the counsel for the petitioner on record Smt. Deepika Gadde, and the learned Government Pleaders for Home and Revenue.

3. A perusal of the material available before this Court discloses that the only grievance of the petitioner is the inaction on the part of the District Collectors of Ranga Reddy, Hyderabad, Chittoor and YSR Kadapa districts i.e., the Respondents Nos.3 to 6 herein, in taking action pursuant to the letter of the 2nd respondent, vide C.No.6555/ C-12/CID/2002, dt.01.01.2013, wherein the Additional Director General of Police, CID, A.P., Hyderabad made a request to the said Collectors, which reads as under:

"In view of the above, it is requested that the properties pertaining to your respective jurisdiction as mentioned in the G.Os., and its annexures enclosed may be got surveyed by an official surveyor and arrange to issue clearance certificates to that effect so that the properties now under attachment by CID will be released and handed over its possession to the owner Sri KPV Subbaiah."

4. Learned senior counsel requests this Court during the course of arguments that necessary directions may be issued to the Respondents 3 to 6 to take appropriate action pursuant to the aforesaid proceedings of the 2nd respondent, dt. 01.01.2013. Learned

Government Pleader has also consented for the same.

5. In view of the above reasons, the writ petition is disposed of directing the Respondents 3 to 6 to take appropriate action pursuant to the letter of the 2nd respondent, vide C.No.6555/C-12/CID/2002, dt. 01.01.2013, within a period of three months from the date of receipt of this order. As a sequel, the pending miscellaneous petitions, if any, stand closed accordingly. No costs.

_______________ A.V.SESHA SAI, J Date: 13.08.2015 Kv THE HON'BLE SRI JUSTICE A.V.SESHA SAI

W.P.No. 33556 of 2013

O R D E R

13.08.2015 Kv