Daravath Kesha Nayak v. The State Of Telangana

HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.10015 of 2019 ORDER:

The prayer of the petitioners in this case reads as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent in trying to dispossess the petitioners from land in Sy.No.13, 200 guntas 19, 200 guntas 13/A, 130 guntas 12/A, 220 guntas 14/A, 200 guntas 17, 200 guntas 17, 2-20 guntas 19, 2-05 guntas 18, 2-00 guntas respectively situated at Moulalipur Village, Varni Mandal, Nizamabad District, is illegal arbitrary violation of the principles of natural justice contrary to the provisions of Telangana State Rights in Land and Pattadar Pass Book Act and rules thereunder and as well as the violation of the fundamental rights guaranteed under the constitution of India and consequently direct the respondent to mutate the names of the petitioners in their respective extents in the above said land and pass such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case."

However, Sri A. Jagan, learned counsel for the petitioners, would fairly concede that it would suffice at this stage if the District Collector, Nizamabad, takes appropriate action on the representation dated 23.6.2018 made by the petitioners in the context of various irregularities allegedly committed by some individuals by resorting to fabrication of revenue records. Learned counsel would point out that the Tahsildar, Varni Mandal, addressed letter dated 25.01.2018 to the District Co-operative Officer, Nizamabad, pointing out that fake revenue records were utilized for the purpose of availing loans from Primary Agricultural Cooperative Societies and banks. It may be noted that none of the private individuals who allegedly committed irregularities have been added as parties to this Writ Petition. In any event, it is for the authorities concerned to take appropriate action in the matter after conducting due enquiry in accordance with the principles of natural justice.

In that view of the matter, the Writ Petition is disposed of directing the District Collector, Nizamabad, to ensure that appropriate action is taken upon the petitioners' representation dated 23.6.2018 by causing an enquiry duly giving opportunity of hearing to all parties concerned. 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. Miscellaneous Petitions pending in this Writ Petition shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date: 4th June, 2019.

Note: Furnish copy in two days.

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