Mohd. Nazeeruddin vs The Dist. Collector and Others

C.V.N. Sastri, J.—Heard the learned Counsel for the petitioner as well as the learned Government Pleader.

This writ petition is filed challenging the action of the Mandal Revenue Officer, the second respondent herein, in putting a seal and preventing the petitioner from operating his hot mix plant in Survey No. 56 (Part) of Sultanpur village, Saroornagar Mandal, Rangareddy District on 17-6-1995 without notice to him and without passing any written orders. The petitioner has earlier filed W.P.No. 12346 of 1995 in this Court for the same relief. The said writ petition was disposed of at the admission stage on 21-6-1995 directing the petitioner to approach the Principal District Munsif, East & North, Saroornagar Ranga Reddy District, before whom O.S.No. 110 of 1995 filed by the third respondent herein regarding the same subject matter is pending. Pursuant to the said direction, the petitioner filed I.A.No. 1895 of 1995 in O.S.No. 110 of 1995 before the Principal District Munsif, East & North, Saroornagar, seeking a direction to the Mandal Revenue Officer, Saroornagar, to remove the seal put by him on the petitioner''s dumber mixture plant so as to allow the petitioner to operate the said unit. After hearing the parties, the learned District Munsif passed an order dated 2-8-1995 dismissing the application filed by the petitioner and holding inter alia that in view of the order dated 4-4-1995 passed by the Mandal Revenue Officer u/s 133 Crl. P.C. the petitioner is not entitled to the relief claimed by him. In view of the said order passed by the learned District Munsif, the petitioner has, once again, approached this Court by filing the present writ petition.

It is contended by the learned Counsel for the petitioner that the alleged order dated 4-4-1995 was passed by the Mandal Revenue Officer without any notice to him, that the said order, in fact, is not directed against him, that it is directed against one Irfan Azeezuddin who happens to be the son of the petitioner that the suit O.S.No. 110 of 1995 is a suit filed by the third respondent, but not by the petitioner and as such the petitioner is not in a position to get any effective relief in the said suit which is not filed by him and, therefore, the petitioner is constrained to approach this Court once again as his mixing plant is illegally stopped and he is put to great hardship and loss.

Inasmuch as the order dated 4-4-1995 was passed by the Mandal Revenue Officer without issuing any notice to the petitioner and without hearing him, I consider it just and proper to direct the Mandal Revenue Officer to issue notice to the petitioner and issue orders afresh in accordance with law after hearing the objections of the petitioner within four weeks from the date of receipt of this order. Meanwhile the petitioner will not be entitled to operate his mixing plant since, admittedly, he has not obtained any licence from any competent authority. It will, however be open to the petitioner to approach the concerned authorities for obtaining a valid licence in that behalf.

The writ petition is accordingly disposed of. No order as to costs.