HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 19085 OF 2007 DATED 5th December, 2014.
BETWEEN Guntupalli Sudhakara Rao and ors ….Petitioners And The Government of AP, rep. by its Secretary, Mines and Geology Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 19085 OF 2007
ORDER:
Heard learned Counsel for the petitioners and learned Government Pleader for Respondents 1 to 4.
It is the case of the petitioners that the total extent of 5131.35 cents situated in Chemapalli Agraharam Village is under a single patta No.1444 . Out of the said extent, an extent of Ac.792.32 cents is service tenure and an extent of Ac.154.79 cents is ‘poramboke’. Remaining extent of Ac.4184.24 cents was the subject of grant. Out of this extent, Inamdars partitioned an extent of 69.60 cents in proportion to their shares and the same has been under their personal cultivation. An extent of Ac.1076.58 cents covered by hillocks was kept joint amongst the sharers and has been in their enjoyment. The remaining portion of the land of an extent of Ac.3.38.04 cents has been under the occupation of the tenants. On an earlier occasion, the petitioners filed Writ Petition No. 10245 of 1990 and this Court by order dated 03.03.1997 directed the petitioners to make a representation to the authorities concerned and the same was directed to be considered by the respondents. Pursuant to the same, even though the petitioners submitted a representation on 25.03.1997, however, no orders have been passed till today. While so, on 29.06.2007 the fifth respondent was given quarry lease for an extent of 2 hectares in Sy.No.1 (P) of chennupally. Challenging the same, the present Writ Petition was filed.
The learned Government Pleader produced a copy of the letter No.9084/Q/2006, dated 26.11.2014 stating that the fifth respondent surrendered the entire leased out quarry land and the same has been accepted by the Director of Mines and Geology on 26.05.2008. In view of the same, the challenge relating to grant of quarry lease in favour of the fifth respondent does not survive and hence no further orders need be passed in the Writ petition. However, with regard to the consideration of the representation of the petitioners is concerned, this Court by order dated 03.03.1997 in Writ petition No. 10245 of 1990 already directed the authorities to consider the representation of the petitioners and pass appropriate orders thereon in accordance with law. Therefore, it is for the respondent authorities to consider the same in accordance with law.
The Writ Petition is disposed of accordingly.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 5th December, 2014. Msnrx