Md. Samdani v. The State Of Telangana

HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.4732 OF 2019 ORDER:

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated above it is prayed that this Hon'ble court may be pleased to issue a Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not dispose of the Revision Petition filed by the Petitioner against the orders in CMA.No. 13 of 2013 dated 17-3-2015 before the 2nd respondent in respect of petitioner land an extent of Ac.40-32 gts in Sy.No. 111, 112 and 138 situated at Kotturu Village, Mulug Mandal, Warangal District is illegal, arbitrary, violation of principles of natural justice and consequently direct the respondents to dispose of petitioner Revision Petition dated 20-4-2015 forthwith, and pass such orders as it may deem fit and just." 2.

Heard Sri Venkateswerllu Kesamsetty, learned counsel for the petitioner and learned Government Pleader for Social Welfare for the respondents.

3.

The case of the petitioner is that he is the owner of lands admeasuring to an extent of Ac.32.00 guntas in Survey No.111, Ac.19.11 guntas in Survey No.112 and Ac.9.23 guntas in Survey No.138, situated in Kotuur Sivaru, Thondapadu Village and the subject property was purchased from one Md.Raj Mohammed. Thereafter, the subject property underwent certain litigation before the Land Reforms Tribunal and CMA before the 2nd respondent and presently the Revision Petition before the 2nd respondent. 4.

The only grievance of the petitioner is that the Revision Petition filed by him before the 2nd respondent is pending and

TA, J W.P.No.4732 of 2019 undecided despite of the fact that the petitioner made several representations, dated 07.01.2017, 23.01.2017 & 15.05.2017, to the 2nd respondent with a request to send parawise remarks as well as entire file in connection with CMA.No.13 of 2013 for speedy disposal of the Revision Petition and the 1st respondent also issued a letter, dated 16.09.2017, directing the 2nd respondent to furnish parawise remarks and connected original record in the case to decide the Revision Petition pending at the level of Government. 5.

Without going into the merits of the case, this Court feels that it would be just and proper to dispose of the writ petition by directing the 2nd respondent to furnish parawise remarks and also file counter, if necessary, before the 1st respondent within a period of two (02) weeks from the date of receipt of a copy of this order and on such receipt, the 1st respondent shall accord an opportunity of personal hearing to the petitioner and decide the Revision Petition, as expeditiously as possible, preferably within a period of three (03) months thereafter. It is needless to observe that the petitioner shall co-operate with the hearing proceedings on the file of the 1st respondent without taking any unnecessary adjournments.

6.

With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any pending, shall stand closed. _________________________ T.AMARNATH GOUD, J Date: 23rd April, 2019 KL

TA, J W.P.No.4732 of 2019 HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.4732 OF 2019 Date: 23rd April, 2019 KL