Darsetti Venkaiah S/O Sambaiah v. The District Collector, Adilabad, Proper And

THE HONOURABLE SRI JUSTICE P. KESHAVA RAO WRIT PETITION No. 4394 OF 2006 ORDER:

The prayer in the writ petition is as under:

"To pass an order or direction, more particularly one in the nature of writ of mandamus or any other appropriate writ or direction holding that the Memo in Rc.No. MRI-I/05, dated 25.8.2005, Urgent Memo Rc.No.MRI-I/05, Dated 14.2.2006 and Notice U/S 9 of Revenue Recovery Act in MRI-I/RR Act/1/06, dated 21.2.2006 are illegal, arbitrary, without any jurisdiction, out of malice, politically motivated and against the principles of natural justice and to set aside the same as the Revenue Recovery Act, 1864 itself is not applicable to the circumstances of the case and consequently direct the respondents to pay the balance amount of Rs.1,63,500/- along with penal interest for (4) years and damages for the land purchased under registered sale deed bearing document No.1458/2002, dated 16.9.2002 to the petitioner".

The learned Government Pleader filed counter-affidavit stating that the petitioner himself approached the Office of the Sub Collector, Asifabad on 6.9.2008 and filed an affidavit stating that he has received entire balance amount of Rs.1,63,500/- from the Sub Collector, Asifabad vide Cheque No. 291165, dated 27.8.2008 and stated that he has no objection for handing over land in Survey No.142/B to an extent Acres 6.10 cents of Venkatapur Village of Bheemini Mandal and agreed to withdraw the claim in the writ petition. Along with the counter-affidavit, a statement

showing payment of Rs.1,63,500/- as well as the affidavit filed by the petitioner herein agreeing to withdraw the claim in the writ petition, are filed as material papers.

Looking into the said aspect, this Court feels that no cause would survive in the present writ petition. Accordingly, the writ petition is closed. No order as to costs.

Consequently, pending miscellaneous petitions, if any, in the writ petition shall stand closed.

___________________________ JUSTICE P. KESHAVA RAO Date: 02.02.2018 slk