Kondra Chandriah v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.LAKSHMAN W.P. No.1751 of 2020 ORDER:

The petitioners are claiming that they are the owners of the land in Sy.Nos.229/1/1, 233/1/1/1, 270/1 and 13/2/2 to an extent Ac.0.0700 gts., Ac.0.2700 gts., Ac.0.0400 gts., and Ac.1.0000 gts., respectively, situated at Velgatur Mandal, Jagityal district. In proof of the same, the petitioners have filed pattadar pass books, which also show their names in the patta column. According to the learned counsel for the petitioners, panchanama dated 09.01.2019 was conducted without notice to the petitioner. On coming to know about the said panchanama, petitioners stated to have submitted a representation dated 12.12.2019 to the 3rd respondent, Revenue Divisional Officer, seeking cancellation of said panchanama dated 09.01.2019. He would further submit that despite receiving and acknowledging the said representation the 2nd respondent, District Collector, as well as the 3rd respondent, Revenue Divisional Officer, are not considering and disposing of the same but however, the authorities are proceeding further pursuant to the said panchanama at the behest of one G.Rama Rao.

On perusal of the pattadar pass books filed by the petitioners their names are mentioned as pattadars in Sy.Nos.229/1/1, 233/1/1/1, 270/1 and 13/2/2 situated at Velgatur Mandal, Jagitial district. As per panchnama dated 09.01.2019, no notice was given to the petitioners herein.

KL, J W.P. No.1751 of 2020 Admittedly the petitioners have submitted a representation dated 12.12.2019 to the 3rd respondents and also to the 2nd respondent. On the other hand, the learned Government Pleader for Revenue, on instructions, would submit that the petitioners have an alternative remedy of appeal against the panchnama dated 09.01.2019 and according to him, the petitioners did not make the said G.Rama Rao, as party to the present writ petition. Hence, the writ petition itself is liable to be dismissed for non joinder of proper parties.

In view of the above said facts, this writ petition is disposed of with a direction to the 3rd respondent to consider the representation dated 12.12.2019 and pass appropriate orders, in accordance with law, after giving an opportunity of hearing to both the petitioners as well as to the parties interested, within a period of four weeks, from the date of receipt of a certified copy of the order.

Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

________________________ JUSTICE K.LAKSHMAN Date: 29.01.2020 Note: Furnish C.C. in two days.

B/o.

LSK