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High Court for State of TelanganaWP/628/2015disposed of no costs

S. Narayan Reddy v. The State Of Telangana,

2015-01-27Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM Writ Petition No.628 of 2015 ORDER:

Petitioner claims to be the owner and possessor of agriculture land admeasuring Acs.4.20 guntas in survey No.381/4 situated at Ithole Village, Tadoor Mandal, Mahabubnagar District, on being assigned by the Government under the category of Ex-Serviceman, and accordingly, the Tahsildar, Tadoor Mandal, the 4th respondent herein, issued patta vide file No.D/68/2005, dated 06.01.2005. Petitioner states that respondents 5 to 7 are claiming that the land was originally assigned to late Golla Pullaiah, father of respondents 5 and 7, and as he alienated the same to others in violation of the conditions of assignment, the Government resumed the same. Thereafter, they approached the authorities concerned.

The District Collector, Mahabubnagar, the 2nd respondent herein, directed the Revenue Divisional Officer, Nagarkurnool, the 3rd respondent, vide letter, dated 11.02.2014, to enquire into the matter. In pursuance of the said letter, the 3rd respondent, vide letter dated 14.02.2014, directed the 4th respondent to cancel the assignment made in favour of the petitioner. The grievance of the petitioner is that the respondents may dispossess him from the land in question. Hence, this writ petition.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, for respondents 1 to 4. A careful reading of the letter, dated 11.02.2014, discloses that the 2nd respondent, prima facie, on the information, had directed

respondents 3 and 4 to enquire into the allegation of the original assignee having sold the land in favour of third parties violating the assignment conditions. The said proceedings cannot be read as cancellation of patta granted in favour of the petitioner. The grievance of the petitioner, at this point of time, is only an apprehension.

It is, however, directed that if respondents 3 and 4 intend to take any action against the petitioner, in relation to the patta granted in his favour, in 2005, he shall be put on notice, and after calling for his explanation and considering the same, orders shall be passed. The writ petition is accordingly disposed of. There shall be no order as to costs.

The miscellaneous petitions filed in this writ petition shall also stand disposed of.

_____________________ CHALLA KODANDA RAM, J.

Date:27.01.2015 GJ