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High Court for State of TelanganaWP/14922/2004disposed of no costs

V.Narayana Choudary, v. The Joint Collector,

2015-02-27Sanjay Kumar4 pages

HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14922 of 2004 Date: February 27, 2015 Between:

V. Narayana Choudary ... Petitioner and

1. The Joint Collector, Ranga Reddy District, Hyderabad & another.

... Respondents * * * HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14922 of 2004 O R D E R:

This writ petition was filed assailing the proceedings of the Joint Collector, Ranga Reddy District, dated 27.03.2004 whereby, exercising powers under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for brevity, 'the Act of 1971'), the Joint Collector set aside the entries made by the Mandal Revenue Officer, Rajendranagar Mandal, in the revenue records and cancelled the pattadar pass books and title deeds issued to the petitioner herein.

2.

While so, it is represented by the learned Government Pleader for Revenue that similar proceedings passed by the Joint Collector on the very same date, 27.03.2004, in another case fell

for consideration before a learned Judge of this Court in W.P.No.12420 of 2004 and that this writ petition would therefore be squarely covered by the adjudication in the other case. A copy of the order dated 14.08.2014 passed in W.P.No.12420 of 2004 is placed on record. Perusal thereof reflects that the learned Judge was of the opinion that as the order cancelling the assignment was appealable, a copy of the same should be communicated to the petitioner therein and liberty was given to the petitioner therein to pursue his remedy of appeal.

3.

In the present case, learned Government Pleader for Revenue states that though the impugned order dated 27.03.2004 only records that action was being taken under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, for cancellation of the assignment, he has been instructed to state that cancellation orders have been passed thereafter and also communicated to the petitioner. However, on an earlier occasion Smt. D. Pramada, learned counsel for the petitioner, denied receipt of such communication.

4. In that view of the matter, the writ petition is disposed of directing the respondent authorities to communicate to the petitioner a copy of the order cancelling the assignment relating to the subject land by Registered Post with Acknowledgment Due within three weeks from today. Learned Government Pleader for Revenue shall also serve a copy of the same upon Smt. D. Pramada, learned counsel appearing for the petitioner, in the present case, within the stipulated time. Thereupon, it shall be open to the petitioner to pursue appropriate remedies in accordance with law. Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order. No order as

to costs.

___________________ SANJAY KUMAR, J.

Date: February 27, 2015.

BSB HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14922 of 2004

Date: February 27, 2015 BSB