Between v. CCs
Case at a glance
Outcome
Disposed of
The Writ Petition is disposed of accordingly
Provisions considered
- Constitution of India arts. 14, 226
- Right to Information Act, 2005
Judgment
Cause title
THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27825 of 2008 Between: T.S. Bhagawanulu S/o. Late T.S.N. Murthy R/o. H.No. 16-3-4, Official Colony, Visakhapatnam. AND ..... PETITIONER
1 State of Andhra Pradesh Rep. by the Principal Secretary to Government Department of Revenue, Secretariat Buildings, Saifabad, Hyderabad. 2 The District Collector Visakhapatnam Dist. Maha Ranipeta, Visakhapatnam - 530 002. 3 The Revenue Divisional Officer Visakhapatnam Division Visakhapatnam - 530 002. 4 The Tahsildar Visakhapatnam (Urban) Near Eenadu Telugu Daily Office, Visakhapatnam. .....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a direction, order or Writ more particularly one in the nature of Writ of Mandamus, (a) declaring the inaction of the respondents in issuing a Certified copy of the Patta granted to the petitioner whereby a house site was allotted to the petitioner in Survey No. 107/1A of Marripalem, Visakhapatnam as being arbitrary and therefore violative of Article 14 of the Constitution of India, (b) Consequently direct the respondents in general and the 4th respondent in particular to issue a Certified Copy or a Duplicate of the Patta No.27 whereby the house site was allotted to the petitioner in Survey No.107/1a of Marripalem Village, Visakhapatnam as expeditiously as possible at any rate within 2 week from the date of receipt of order from this Hon'ble High Court. Counsel for the Petitioner:SRI SIVA Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27825 of 2008
ORDER:
The petitioner is a Journalist, who worked with United News India for a considerable time and at present leading a retired life. He was allotted 333 square yards of land (house site) comprised in survey No.107/1A of Marripalem Village near Visakhapatnam by proceedings of the Tahsildar bearing Rc.No.5080/80, dated
Operative part
21.08.1980. Along with the petitioner, other nineteen journalists and others were also allotted similar extents of land on payment of a sum of Rs.1,665/- each. In addition to this, it appears, petitioner also applied to the respondents under G.O.Ms.No.166, dated 16.02.2008, seeking regularization of his occupation in respect of 110 square yards, which is allegedly behind the land allotted to him. It is also his case that like all other allottees, he was also given a patta by the fourth respondent on 26.10.1982. He misplaced that patta. Therefore, he approached the fourth respondent for a copy of the patta, in vain. Therefore, he filed instant writ petition. Learned Assistant Government Pleader after getting instructions submits that the file is not traceable in the office of the fourth respondent and a search is being made. Be that as it is, under the Right to Information Act, 2005 (the Act, for brevity), a patta granted under Board Standing Order 21 is also a document and information, which is to be furnished either to the allottee or any third party. The petitioner has not availed the remedies available under Sections 6, 18 and 19 of the Act. He is given liberty to approach the District Revenue Officer and make an application under Section 6 of the Act immediately. The same shall be disposed of in accordance with Section 7 of the Act. If there is any adverse order passed against the petitioner by the District Revenue Officer or Tahsildar after making a thorough search for the record, it is open to the petitioner to prefer an appeal before the Joint Collector under Section 19(1) of the Act, and thereafter, to the Andhra Pradesh Information Commission. As and when the petitioner makes application before the Public Information Officer in the Collector’s Office (District Revenue Officer), the same shall be considered in accordance with law and disposed of as stipulated therein. The Writ Petition is disposed of accordingly. No costs.
23.12.2008 Note: Issue C.C today. _____________ (V.V.S.RAO, J) B/o. To
1.2CCs to
2.2CD copies Form-NIC-OGS/WP{KBJ}
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Writ Petition is disposed of accordingly
Which statutory provisions did this judgment involve?
Constitution of India — arts. 14, 226; Right to Information Act, 2005.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.