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High Court for State of TelanganaWP/24580/2017disposed of no costs

Yadavalli Rama Mohana Rao v. The State Of Andhra Pradesh,

2017-07-25S.V.Bhatt3 pages

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.24580 of 2017 ORDER:

The petitioner challenges notice in Rc.A.No.260/ 2017 dated 20.07.2017.

The translated copy of notice reads thus :- " Rc.A.No.260/ 2017 Office of the Tahsildar, Penamaluru Mandal, Dt.20-07-2017 Smt.Y.Satya Lakshmi W/ o.Naganna Joshyulu filed an application for pattadar pass books and title deeds through online application No.MVO11703377079 dated 20-4-2017. Y.Rama Mohan Rao, S/ o. YSRK Sharma also filed an application for entering his name in the adangals for the very same land through his online application ADLC 011703171989. Since both parties applied for the very same land and a suit is pending, their applications were rejected by an order of this office as per proceedings in RC.No.260/ 2017, dated 18-05-2017.

Smt.Y.Satya Lakshmi W/ o.Y.Naganna Joshyulu filed an application for pass book for the land in an extent of Ac.1-05 cents in R.S.No.283/ 1 of Gangoori village through online application No.MUO11703658805 dt.5-7-2017. If you have any objections for the above, you are informed to attend this office at 11-00 hours on 24-7-2017 along with documents. Or else, the matter will be decided as per the records available in this office."

Learned counsel for petitioner confines the challenge on the arbitrary exercise of jurisdiction by 4th respondent. One of the grievances pointed out is that the notice impugned in the writ petition is not delivered by hand to petitioner but affixed on the residence of petitioner. The petitioner is called upon to file his objections/ reply on or before 24.07.2017 and

reasonable time is not granted. Further, the basis, on which the request for grant of pattadar pass book/ title deed is made, is also not mentioned in the notice. Therefore, he requests for grant of sufficient time and fair opportunity before the 4th respondent. The Assistant Government Pleader for Revenue does not oppose the request.

The writ petition is disposed of by this order. (a) The petitioner is given three weeks time from today to file objections before the 4th respondent by enclosing a copy of this order. (b) The 4th respondent receives objections of the petitioner and proceeds in the matter in accordance with the A.P.Rights in Land and Pattadar Pass Books Act, 1971.

Miscellaneous petitions, if any, pending, shall stand closed. No order as to costs.

____________ S.V.BHATT, J Date: 25.07.2017 Prv

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No. 24580 of 2017 25-07-2017 Prv