Mende Raghulaiah v. The State Of Telangana And 2 Others

I 3168 l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 1408 OF 2023 Between:

Mende Raghulaiah, S/o.Mallaiah Aged about 71 Years, Occ. Agriculture Rl/o. GollapalleVillage,NennelMandal,MancherialDistrict ...'ET'T'ONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Hyderabad The N4andal Revenue Officer, Nennel lr,4andal, lt4ancherial District. The District Collector, Bellampally, N.4ancherial District ..RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the i circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of N,4andamus declare the action of the Respondent No.2 in issuing the impugned notice RC.No.B 188912022 df. 2911112022 issued by the Respondent No.

2 is issued under TS Assigned Lands (Prohibition of Transfer) Acl, 1977 in respect of Agriculture land in Sy.No.310/1, area admeasuring Ac.5-19 Guntas situated at Gollapalli Village, Mandal Nennel, Mancherial District lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned notice vide RC.No.B/889/2022 dt. 2911112022 pending disposal of the above writ petition Counsel for the Petitioner: SRl.

:

HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.14O8 of 2o23 ORDER:

Heard Sri Vijay Ashrit, learned counsel appearing for the petitioner and iearned Assistant Government l1 Pleader for Assignment appearing for respondents. Perused the record.

This writ petition is filed against the action of respondent No.2 in issuing the impugned notice bearing Rc.No.B/889/2022, dated 29-1L-2O22 stating that the petitioner herein has contravened the provisions of Section 3(2) of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977. The petitioner is also directed to submit explanation within 15 days from the date of receipt of the said notice as to why he shall not be evicted from the assigned land. The details of the contravention are also mentioned in Tabular form of the said notice. Petitioner herein submitted his explanation dated 05-12-2022 to the said notice. Without considering the

l said explanation respondent No.2 is proceeding further and trying to evict the petitioner from the subject property.

Whereas learned Assistant Government Pleader for Assignment, on instructions, would submit that respondent No.2 will consider the aforesaid explanation submitted by the petitioner and pass appropriate orders, in accordance with law.

In view of the aforesaid submissions, this writ petition 1S disposed of, directing respondent No.2 to consider the explanation dated 05-12-2022 submitted by the petitioner and pass appropriate orders, in accordance with law by putting the petitioner on notice and affording him an opportunity of hearing. He shall pass a reasoned order. Respondent No.2 shall complete the entire exercise, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. Till said exercise is completed, respondent

No.2 is directed not to dispossess the petitioner from the subject property. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR CJ, //TRUE COPY// SECTION OFFICER To, 1 . The Principal Secretary, Revenue Department, Secretariat State of Telangana , Hyderabad

2. The Mandal Revenue Officer, Nennel Mandal, It'lancherial District.

3. The District Collector, Bellampally, Mancherial District

4. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana,at Hyderabad [OUT]

5. One CC to SRl. VIJAY ASHRIT, Advocate [OPUC]

6. Two CD copies BM SW \-D"

HIGH COURT DATED:'1910112023 1gE 9-r zi7'

ORDER

q Jo ,'') WP.No.1408 of 2023 2 4 FIB 2fi23 :, DISPOSING OF THE WRIT PETITION WITHOUT COSTS Q,5,