Aruri Kumaraswamy, S/O. Late Yellaiah, v. The State Of Telangana, Represented By Principal

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.31861 of 2015 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

This Writ Petition is directed against the notice in Rc.No.A/1507/2010, dated 22.07.2015, issued by the Tahsildar, Hanamkonda Mandal, Warangal District, the 3rd respondent, proposing to conduct de novo enquiry. The said notice was given to the petitioners and others requiring them to appear them in-person or through an advocate to submit their claim along with the concerned documents. The said notice is questioned by the petitioners on the ground that pendency of a revision petition before the Joint Collector and a suit in O.S.No.783 of 2010 on the file of the Junior Civil Judge, Warangal, was not disclosed to this Court, while passing the order in W.P.No.15511 of 2015, wherein the petitioners herein are respondents 6 and 7.

It is evident from the impugned notice itself that de novo enquiry is proposed to be conducted by the 3rd respondent in compliance with the directions of the Revenue Divisional Officer as well as the directions of this Court in W.P.No.15511 of 2015, dated 05.06.2015. The said notice, therefore, cannot be interdicted. However, the petitioners are at liberty to appear before the 3rd respondent and defendant their claim along with the documents concerned and mere conducting of de novo enquiry would not cause any prejudice to the petitioners. Hence, there is no reason to entertain this Writ Petition. The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ VILAS V.AFZULPURKAR, J 30.09.2015 KH