HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.23403 OF 2014 Date: 21.08.2014 Between :
Dr. Katlagal Noushad Begum, w/o. Dr.ABEL Ashok, Aged 64 years, R/o.Plot No.3, Jagannath Nagar, Gandhinagar, Vellur-6, Tamilnadu and others.
… Petitioners and State of Andhra Pradesh, rep.by its District Collector, YSR District at Kadapa and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.23403 OF 2014 ORDER:
The case of the petitioners is that by proceedings Ref.No.A/10/2006, dated 12.01.2006 of Tahsildar, Sambepalli Mandal, YSR district, the land of the petitioners to an extent of Ac.4.46 cents in Sy.No.937 of Motakatla Village was resumed by the Government without paying compensation, though the land was utilized for construction of bridge school for girls. Earlier ventilating the same grievance, petitioners instituted W.P.No.17741 of 2012. Having regard to the facts of this case and having noticed that representation dated 16.01.2012 submitted to the District Collector, Kadapa, was not disposed of, this Court disposed of the writ petition by order dated 15.06.2012 directing the State of Andhra Pradesh to pass orders on the representation dated 16.01.2012 within a period of two months from the date of receipt of copy of that order.
2. In pursuant to the said directions of this Court, further representation was submitted by the petitioners. On a request made, the Tahasildar, Sambepalli, submitted a report dated 25.08.2012 to the District Collector, YSR District. Thereafter, it appears no further progress is made. This writ petition is instituted seeking very same relief.
3. Since in the earlier round of litigation, direction was issued to the Government of Andhra Pradesh to pass orders on the representation submitted by the petitioners dated 16.01.2012 regarding their entitlement to receive compensation/ex-gratia consequent to the resumption of the land by the Government in the year 2006, even before further action is taken by the respondents, a fresh writ petition seeking same relief is not maintainable. The internal correspondence between the Tahasildar and the District Collector does not give a fresh cause of action to seek very same relief as sought in the earlier writ petition. If the petitioners have grievance regarding of not passing orders on the representation submitted by the petitioners dated 16.01.2012 inspite of the directions issued by this Court, they have to initiate appropriate proceedings against the respondents for violation of orders of the Court. Hence, this writ petition in the present form is not maintainable. Accordingly, the writ petition is dismissed leaving it open to petitioners to work out their remedies. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO
Date: 21.08.2014
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HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.23403 OF 2014 Date: 21-08-2014 kkm