Arukula Karunakar, v. The State Of Telangana

HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.3677 of 2018 Order:

It is the case of the petitioners that they jointly purchased a house site of an extent of 287.5 sq. yards, situated in Survey No.405/12 of Palvancha village and Mandal, Khammam District, under a registered sale deed dated 06.09.2008. The said land is a private land. While so, the third respondent issued a notice on 22.11.2017 alleging violation of the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977. A reply was submitted by the petitioners on 06.12.2017 explaining the acquisition of title to the land. Now it is alleged that without passing a final order, pursuant to the notice dated 22.11.2017 and the explanation submitted by the petitioners on 06.12.2017, the third respondent is trying to interfere with the said land.

When the proceedings were initiated by the third respondent for violation of the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977, he cannot interfere with the land of the petitioners without passing a final order.

In the circumstances, the third respondent is restrained from interfering with the land of the petitioners without passing final orders in the proceedings initiated on 22.11.2017. If an order is passed ultimately and it becomes adverse to the interest of the petitioners, the same shall not be implemented for a period of thirty (30) days in order to enable the petitioners to take appropriate legal proceedings in accordance with law. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAMALI NGESWARA RAO, J Date: 06.02.2018 Nsr