Banda Mahender And Another v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 8819 OF 2022 Between:
1. Banda Mahender and another, S/o Banda Shankariah, aged about 48 years, Occupation Agriculture, R/o L-35/1, Bahadurpalle, Bowrampet, Pin 500043, T.S.
2. Banda Narsimha, S/o Banda Shankariah, aged about 63 years, Occupation Agriculture, R/o L-49, Bahadurpalle, Bowrampet, Pin 500043, T.S.
...PETITIONERS AND
1. The State of Telangana, Represented by The Principal Secretary, Department of Revenue, Telangana State, Secretariat,Hyderabad T,S.
2. The District Collector, Range Reddy District, Lakidiaput, Hyderabad 500004 T.s.
3. The Tahsildar / Mandal Revenue, Officer, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District, T,S, ,..RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction particularly in the nature of the writ of mandamus, against the Respondents to quash the Common Notice to both Petitioners of the Respondent No 3 herein in Form 11 of the Telangana Assigned Lands
/I (Prohibition of Transfer) Rules 2007, in file No Bl6212022 daled 2t/ot/2022, IA NOr 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all farther proceedings under the impugned notice of the Respondent No 3 herein in Form II of the Telangana Assigned Lands (Prohibition of Transfer) Rules 2007, in file No B I 62 / 2022 dated 2t / 0 I / 2022, Counsel for the Petitioner s :SRI. SAROSH SAM BASTAWALA Counsel for the Respondent s : GP FOR REVENUE The Court made the following : ORDER
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY IVRIT PETITION N0.8819 0F 2022 ORDER:
Heard the learned counsel for the petitioners and the learned Assistant Government pleader for Revenue for respondents.
2.
Impugned notice issued in Form-II under Ruie 3 of the Telangana Assigned Land (prohibition of Transfer) Rules, 2007, dated 21.01.2022 is challenged in this writ petition. The grievance of the petitioners is that in spite of petitioners submitting explanation to such notice, the respondent authorities, being influenced by local politicians, are interfering r.l'ith the possession of the petitioners over subject lands even before final resumption orders have been passed.
3.
Learned Assistant Government pleader for Revenue submits that resumption orders will be passed by following due process of law and until such resumption $
orders are passed, there cannot be any interference by the respondent officials.
4.
Recording the said submission of learned Assistant Government Pleader for Revenue, the Writ Petition is disposed of.
The miscellaneous petitions pending, if any, shal1 stand closed. There shall be no order as to costs.
SD/-M.MANJULA ASSISTANT REGISTRAR / /TRUE COPY/ / l--) SECTION OFFICER To, The Principal Secretary, State of Telangana, Department of Revenue, Telangana State, Secretariat,Hyderabad T.S, The District Collector, Range Reddy District, Lakidiaput, Hyderabad 500004 T.s.
1.
2.
The Tahsildar / Mandal Revenue, Officer, Dundigal Gandimaisamma Mandal, Medchal-Malkajgiri District, T.S.
3.
One CC to SRI SAROSH SAM BASTAWALA, Advocate IOPUC] Two CCs to GP FOR REVENUE,High Court for the State of Telangana. [OUT] Two CD Copies 4.
5, 6.
One Spare Copy.
7.
PC SW k\{A
HIGH COURT BVR,J DATED:1810212022 Y Ig B€ SIA -i Za .L co 05 MAB 202
ORDER
* WP.No.8819 of 2022 DISPOSED OF THE WRIT PETITION WITHOUT COSTS * b