B.Bal Raj v. State Of Telangana

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO.17267 OF 2022 ORDER:

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

2.

The grievance of the petitioners in this Writ Petition is non-consideration of the application submitted by the petitioners under Section 32(2) of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 ("the Act, 1950" for brevity), by the third respondent herein. 3.

The facts of the case are that the petitioners herein, claiming to be the legal heirs of one Bommaraju Ramulu @ Chakali Ramaswamy, S/o. Agaiah, who is stated to be the protected tenant of land situated in Survey Nos.536 and 537 admeasuring Acs.15.23 gts and Acs.13.07 gts of Turka Yamjal Village, Hayathnagar Mandal, Ranga Reddy District, submitted an application under Section 32(2) of the Act, 1950, requesting for conducting necessary enquiry for eviction of the persons in possession of the subject land and to handover the same to the petitioners herein. However, the

said application submitted by the petitioners is stated to be still pending consideration before the respondents in Case No.B/3130/2009. In spite of the repeated requests and representations made by the petitioners, the said application is still pending consideration by the fourth respondent herein. It is further submitted by the learned counsel for the petitioners that after formation of new mandals, the subject land falls within the jurisdiction of the third respondent and hence, the fourth respondent is under obligation to transmit the entire file in Case No.B/3130/2009 to the third respondent and the third respondent is directed to consider the same in accordance with law.

4.

In the facts and circumstances, this Writ Petition is disposed of directing the fourth respondent to transmit the entire file in Case No.B/3130/2009 to the office of the third respondent herein within a period of two (2) weeks from the date of receipt of a copy of this order and on receipt of such record from the office of the fourth respondent, the third respondent shall take up the proceedings and dispose of the same in accordance with law by putting all the persons concerned on notice and pass final orders within a period of

three (3) months from the date of receipt of record from the office of the fourth respondent.

There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand dismissed. _____________________________________ (MUMMINENI SUDHEER KUMAR, J) 21st September 2022 RRB