S.Shankaraiah v. State Of Telangana,

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 21.09.2017 WP No. 32607 of 2017:

Between:

B.Rani W/o Tirupathi Reddy, Aged about 51 years, Occu: Housewife, R/o BDL Township, Bhanur, Sangareddy District.

.....Petitioner and State of Telangana, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO COMMON ORDER:

Petitioners are aggrieved by the orders dated 19.08.2017 of Tahsildar, Patancheruvu Mandal, resuming the subject lands on the ground of violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 1977) and illegal sale of the lands by the assignees.

2.

Heard Sri V.Ravi Kiran Rao, learned counsel for petitioners and learned Government Pleader for Revenue (TG) for respondents. Since the issue for consideration in all the writ petitions is same, these writ petitions are disposed of by this common order. 3.

Learned counsel for petitioners submits that detailed explanations were submitted by the individuals, but those explanations are not acted upon and even no notice is served on the petitioners and now they are sought to be dispossessed from the subject lands. Hence, the writ petitions. 4.

In these writ petitions, petitioners challenge the order of Tahsildar, dated 19.08.2017. Against the said order, appeal lies under Section 4(A) of the Act, 1977 to the Revenue Divisional Officer. Without availing such remedy, these writ petitions are filed. This Court is not inclined to entertain the writ petitions when the statutory alternative remedy of appeal is available and such remedy is effective and efficacious remedy.

5.

At this stage, learned counsel for petitioners submits that the order passed by the Tahsilder is not served to the petitioners and recently they secured the copy and now they are sought to be dispossessed from the subject lands. In response, learned Government Pleader submits that as per the instructions furnished to him, possession of the lands were already taken. 6.

Having regard to these submissions, granting liberty to the petitioners to file an appeal as well as application for grant of stay of the order of Tahsildar, writ petitions are disposed of. Petitioners have to file appeals along with application for stay of order of Tahsildar within two weeks from today. Pending consideration of applications of stay, parties are directed to maintain status quo obtaining as on today. The appellate authority shall consider and pass orders on the said applications within a period of four weeks from the date of receipt of such applications. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 21.09.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 21.09.2017 kkm