Dapuku Mallaiah v. The District Collecgtor, Nalgonda,

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTY W.P.No.9197 of 2005

ORDER

This petition is filed to direct the respondents to pass appropriate order in proceedings (note) No.G/4068/99 dated 26.06.2002 initiated in pursuance of the direction issued by this Court in W.P.No.10997 of 1999.

2. It is the case of the petitioner that the petitioner belongs to scheduled caste and landless poor, who is in occupation of land to an extent of Ac.2.19 gts in different survey numbers i.e., 247/1 and 247/2 of B. Madaram Village of Suryapet Mandal, Nalgonda District. The third party filed W.P.No.10997 of 1999, wherein the petitioner also got impleaded himself as a party-respondent and obtained direction from this Court on 12.04.2002, in pursuance of the direction issued by this Court, the proceedings under challenge were issued i.e., notice calling upon the petitioner to file objections in the office in writing within 15 days. Accordingly, the petitioner filed objections before the Mandal Revenue Officer within the specified time, but so far no order has been passed.

3. At this stage, the learned Government Pleader for Revenue requested to ascertain from the Government whether any order is passed or not. But, it is not a fit case to grant time to ascertain the present stage from the Government, after lapse of 11 years.

4. According to the petitioner, the proceedings impugned is still pending before the Mandal Revenue Officer and kept the same pending for 11 years without passing any orders. Therefore, I find that it is a fit case to exercise the power of judicial review under Article 226 of the Constitution of India as the inaction on the part of the Mandal Revenue Officer is arbitrary and illegal.

5. Hence, the third respondent-Mandal Revenue Officer is directed to dispose of the proceedings (note) No.G/4068/99 dated 26.06.2002 within one month from the date of receipt of a copy of this order, if no order is passed.

6. With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_____________________________ M. SATYANARAYANA MURTY, J 14th July, 2016 sj