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High Court for State of TelanganaWP/29524/2017disposed of no costs

Smt. N.Chandra Kala v. The State Of Telangana

2019-04-02Sanjay Kumar2 pages

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.29524 OF 2017 ORDER:

The prayer of the petitioner in this case reads as under: "For the reasons stated in the accompanying affidavit, this Hon'ble Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the action of the respondent No.3 in non-conducting the enquiry and issuing the pattedar pass books and title deed for the lands in survey No 501/E extent Ac 0 30 gts and land in survey No 500 extent Ac 0 29 situated at Armoor village and Mandal Nizamabad District in pursuance of notice dated 18.9.2014 issued in pursuance of the order passed by the respondent No.2 vide No.

D2/3326/2012 dated 07-12-2013 on the ground that the writ petition is pending as arbitrary and illegal and contrary to the AP Rights in lands and Pattedar pass books act and rules framed there under and also violative of the Article 14 16 and 300A of the Constitution of India consequently direct the respondent No 3 to conduct the enquiry as per the notice dated 18 9 2014 and issue pattedar pass books and title deed for the lands in survey No 501/E extent Ac.0.30 gts and land in survey No.500 extent Ac 0-29 situated at Armoor village and Mandal Nizamabad and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." The learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that owing to the status-quo order passed in Writ Petition No.

32085 of 2014, steps were not taken in relation to the petitioner's claim over the subject land. However, it may be noted that Writ Petition No.32085 of 2014 was dismissed for non-prosecution today by way of a separate order and the interim order of status-quo dated 28.10.2014, which had already expired by efflux of time, also stood vacated. In that view of the matter, the pendency of the said Writ Petition no longer posits any bar to the revenue authorities in considering the claim of the petitioner pursuant to the order dated 07.12.2013 passed by the Joint Collector, Nizamabad.

The Writ Petition is accordingly disposed of directing the revenue authorities concerned to proceed in the matter in accordance with law and

due process, taking note of the fact that Writ Petition No.32085 of 2014 has already been dismissed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

----------------------- SANJAY KUMAR, J.

Dt: 02.04.2019 Kvsn