Andhra Pradesh High Court - Amravati
Vuke Nuthana vs The State Of Andhra Pradesh on 26 September, 2022
Author: D. Ramesh
Bench: D. Ramesh
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THE HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION No.29990 of 2022
ORDER:-
This Writ Petition is filed questioning the action of the respondent more particularly in 5th respondent's proceedings Roc./2022/DT/R&R/R5 Appeal Dt. 29.03.2022 in a routine manner confirming the rejection orders passed by the 6th respondent dated 06.03.2020 without considering the documents filed by the petitioner as illegal and arbitrary.
2. The petitioner is eligible for RR package under distressed family quota as on the cut off date 05-06-2017. Accordingly, he applied for grant of RR backage but the 6th respondent through his proceedings dated 06.03.2020 rejected the said application without considering the docuemnts submitted by the petitioner and rejected the case on the following grounds:-
"Hence, the plea of the petitioner is rejected with reference to section 3(c )(ii) as he/she not proved that he/she residing in the village for the preceding 3 years of cut-off date i.e., 05-08-2017 and not produced any eligible docuemts proving that he rmarriage was done after cut-off date and has not produced any documents to be considered eligible under different sections namely 3 (c)(i), (iii), (iv), (v) of RFCT LARR Act 2013"2
3. The learned counsel for the petitioner has submitted that when the identical issue arose before this Hon'ble Court in W.P.No. 11333 of 2020 and after eloberate hearing considering the contentions of the respondents has disposed of with the following directions:
"In the result, writ petition is allowed setting aside the impugned order of rejection of Rehabilitation and Resettlement package to the petitioners on the ground of "Non - resident " while directing Respondent No.5 to pass reasoned order afresh, within a period of three (3) months from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioners, uninfluenced by the observations made in this order. No costs."
4. In view of the above observations of the Trial Court, as this writ petition is also squarely covered and the rejection orders passed by the respondent is only on the ground of the petitioner is non- resident. In the above said writ petition, the court has rejected the contentions raised by the respondents and set aside the orders passed and remanded the matter for fresh consideration.
5. Accordingly, this writ petition is also disposed of in terms of the orders dated 24.08.2021 passed in the above writ petition No. 11333 of 2020 by setting aside the orders of the 6th respondent dated 06.03.2020 and also impunged orders dated 29.03.2022. 3
6. Miscellaneous applications pending, if any shall also stand closed.
Registry is directed to attach a copy of the order passed on 24.08.2021 in W.P. No. 11333 of 2020 along with this order.
____________________ JUSTICE D.RAMESH Date: 22.09.2022 Psr.
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THE HON'BLE SRI JUSTICE D. RAMESH (Disposed of) WP No.29990 of 2022 26.09.2022 Psr.