Udari Satya Narayana v. The District Collector, R.R.District, At Hyderabad

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON NO.15223 OF 2007

O R D E R

This writ petition is filed assailing Memo dated 23.09.2006 issued by the Mandal Revenue Officer (Tahsildar), Ghatkesar Mandal, notifying bhoodhan lands as per the list furnished by the Secretary of the Bhoodhan Yagna Board in so far as it pertains to the lands in Survey Nos.1077 and 1078 of Edulabad Village, Ghatkesar Mandal, claimed by the petitioners. Sri Vijay B.Paropkari, learned counsel for the petitioners, would bring it to the notice of this Court that the impugned Memo fell for consideration before the High Court of Andhra Pradesh in W.P.No.22371 of 2007 in relation to the land in Survey Nos.1077 and 1078 of Edulabad Village claimed by the petitioners therein and by order dated 05.10.2009, the writ petition was allowed setting aside the impugned Memo in so far as it pertained to the lands of the petitioners therein on the ground that no notice had been given to them before the issuance of the said Memo. In the case on hand also, it is the claim of the petitioners that no notice was given to them before their lands were included in the notified bhoodhan lands.

Sri Kiran Kumar Gattu, learned counsel appearing for the Bhoodhan Yagna Board, the third respondent, would concede that the matter has to be decided on the same lines as in W.P.No.22371 of 2007 as there was no notice given to the petitioners herein also before the notification of their lands as bhoodhan lands.

In that view of the matter, the impugned Memo dated 23.09.2006 is set aside in so far as it pertains to the lands claimed by the petitioners

in Survey Nos.1077 and 1078 of Edulabad Village. The Tahsildar, Ghatkesar Mandal, is directed to undertake an enquiry afresh in relation to these lands by giving notice to the petitioners and the Bhoodhan Yagna Board and take a decision in the matter. This exercise shall be completed expeditiously and in any event, not later than three months from the date of receipt of a copy of this order, be it from whatever source. In the meanwhile, the petitioners shall not alienate or create any third party interests in the lands claimed by them in these survey numbers. The writ petition is allowed to the extent indicated supra and with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J 20th JUNE, 2019 Svv