Smt. Md. Farzana v. The District Collector

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.6483 of 2011 ORDER :

Heard Ms.Vladimeer Khatoon for writ petitioner and the Assistant Government Pleader (Revenue) for respondents.

2. The petitioner prays for the following relief : "Mandamus declaring the action of the Tahsildar, Veenavanka Mandal, in stopping the construction of my house in an extent of 242 Sq. yards in Sy.No.979 and 980 of BC.

Colony, Challuru Village, Veenavanka Mandal, Karimnagar District, without issuing any notice, as illegal, arbitrary, malafide, and against the principles of natural justice and consequently direct the Tahsildar, Veenavanka Mandal, to allow me to construct my house in the above said premises."

3. The case of petitioner is that the Secretary, Grampanchayat has issued possession certificate to petitioner and petitioner is in actual and physical possession of the assigned plot.

The respondents, without following the procedure stipulated by law, have tried to forcibly evict the petitioner. The petitioner further states that representation dated 01.03.2011 was given to 2nd and 3rd respondents and the respondents have not passed any order on the representation of the petitioner.

4. The Assistant Government Pleader contends that the claim of petitioner is not in respect of any property

covered by Sy.Nos.979 and 980, in fact, the petitioner is attempting to construct a house in Sy.No.985 which is Shikam land and the petitioner's grievance is unfounded and the respondents have no objection to look into the representation and communicate appropriate reply to petitioner.

5. I am satisfied that the writ petition can be disposed of by this order.

The petitioner is given liberty to communicate the copy of this order together with representation dated 01.03.2011 to 3rd respondent within four weeks from the date of receipt of a copy of this order. The 3rd respondent is directed to look into the grievance and pass appropriate orders as expeditiously as possible, preferably within three months thereafter. It is made clear that this Court has not considered the merits of the matter and it is for the 3rd respondent to examine, verify records and communicate appropriate reply to petitioner.

6. Writ petition disposed of as indicated above. No costs.

Pending miscellaneous applications, if any, shall stand closed.

_____________ S.V.BHATT, J 26th July 2016 ajr