Chitriyala Bhagyalaxmi v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 24295 of 2016 ORDER:

The petitioner claims to be in possession and enjoyment of the government land in an extent of 120 square yards in T.S. No. 1/1, Baba Sailani Nagar, Yousufguda, Hyderabad vide Assignment Patta dated 17.07.2015 issued in terms of G.O.Ms. No. 58, dated 30.12.2014. While so, the 2nd respondent Revenue Divisional Officer & Sub-Divisional Magistrate, Secunderabad Division, Hyderabad District, through his order dated 28.06.2016, directed the 3rd respondent Tahsildar, Khairatabad Mandal to cancel the said patta by following due procedure and resume the land. It is this order, which has been called in question in this Writ Petition on the ground that it is contrary to the guidelines issued in G.O.Ms.No. 58, dated 30.12.2014. Heard learned counsel for the petitioner and learned Government Pleader for Revenue (Telangana).

At the outset, it is to be noted that while passing the order dated 28.06.2016, the 2nd respondent is conscious enough to direct the 3rd respondent to follow the due procedure and take steps to cancel the patta issued in favour of the petitioner. However, in view of the apprehension entertained by the petitioner that the respondent authorities may dispossess her without following the due procedure, this Court feels it appropriate to observe that the respondent authorities shall stick to the direction issued in the order impugned and that the possession of the petitioner over the subject land shall not be disturbed without following the due procedure established by law. Subject to the above observation, the Writ Petition stands closed, but however, leaving liberty to the respective parties to work out their legal remedies, if warranted.

Consequently, the Miscellaneous Applications, if any shall also stand closed.

_____________________________ CHALLA KODANDA RAM, J.

02nd August 2016 ksld