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High Court for State of TelanganaWP/4874/2018disposed of no costs

Shareefa Begum v. State Of Telangana

2018-02-15A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION Nos.4741 and 4874 of 2018 COMMON ORDER:

These two Writ Petitions are disposed of by this common order as they are filed by the same petitioner challenging the same notice.

It is the case of the petitioner that her father-in-law Syed Mohd was issued Occupancy Rights Certificate (ORC) in respect of the inam land admeasuring Acs.11.11 guntas out of Acs.33.36 guntas in Survey No.36 of Old Bowenpally Village, Balanagar Mandal, Ranga Reddy District, by proceedings dated 28.11.1979. The said ORC was issued after following due procedure. Thereafter, her father-in-law expired. The property was orally partitioned in the year 1980 in equal shares between the husband of the petitioner and his brother. Their names were mutated in the revenue records in the place of the name of the petitioner's father-in-law. Her husband's name was recorded in respect of Acs.4.16 guntas till his death in the year 1994. Thereafter, the petitioner sought mutation of her name and her name was mutated. Out of the said land of Acs.4.

16 guntas she sold an extent of Acs.2.00 under a registered sale deed and an extent of Acs.2.16 guntas remained with her. While so, when a notice was issued on 30.01.2018 for conducting an enquiry at the instance of M/s.

Survey No.36 of Old Bowenpally Village of Balanagar Mandal, the present Writ Petitions are filed.

Learned Counsel for the petitioner submits that the petitioner already submitted her objections and she apprehends that without considering the said objections, the third respondent may pass an order.

As on today there is no basis for such apprehension, as the petitioner already filed her objections to the notice dated 30.01.2018. The enquiry is sought to be conducted for recording the names of the owners in respect of the land of an extent of Acs.18.12 guntas in Survey No.36 situated at Old Bowenpally Village of Balanagar Mandal. In view of the apprehension expressed by the petitioner, the third respondent is directed to proceed with the enquiry after giving appropriate notice to the petitioner and the fourth respondent and pass appropriate orders in accordance with law.

The Writ Petitions are, accordingly, disposed of. The miscellaneous petitions pending in these Writ Petitions, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 15.02.2018 vs