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High Court for State of TelanganaWP/18432/2004disposed of no costs

V. Bhaskar Choudary, v. The Joint Collector,

2015-08-21Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.18432 OF 2004 ORDER:- The present Writ Petition is filed seeking Writ of Mandamus, declaring the proceedings of the 1st respondent-Joint Collector, Rangareddy District, dated 27.03.2004, passed in Case No.D5/9649/2003, under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (in short "the Act"). By the said impugned order the entries made in the revenue records were set aside and Pattadar Passbooks and Title Deeds issued to the petitioner were cancelled. The said proceedings were issued against the petitioner as well as the petitioner's father, mother and brother to a total extent of Ac.56-17 guntas, which was covered by various sale deeds.

The ground on which the impugned order was made is that the lands were assigned lands and thereby the alienation was hit by the prohibition contained under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. After filing of the writ petition it appears that the assignments were cancelled on 03.01.2006. The writ petitioner himself and others had filed W.P.No.8945 of 2004, questioning the proceedings dated 27.03.2004 apart from filing the present writ petition. It may be noted that in the present writ petition also the challenge is only to the order dated 27.03.2004. Other family members of the petitioner had filed W.P.No.12420 of 2004 and W.P.No.18785 of 2004. On verification of the record it is found that W.P.Nos.8945 and 12421 of 2004 came to be dismissed by this Court by a reasoned common order dated 13.06.

2014 and also W.P.Nos.12420 of 2004 and 12420 of 2004 were disposed of vide orders dated 14.08.2014, giving liberty to the petitioners therein to challenge the cancellation order dated 03.01.2006.

petitioner was being a party to the proceedings in W.P.Nos.12421 of 2004 and 8945 of 2004, and liberty has already been granted to the petitioner to challenge the proceedings dated 03.01.2006, the present writ petition can be disposed of with a liberty to the petitioner to pursue the remedies as available in law.

Accordingly, the Writ Petition is disposed of. Miscellaneous Petitions pending, if any, shall stand closed. There shall be no order as to costs.

____________________________________ JUSTICE CHALLA KODANDA RAM Date:21.08.2015 Gj/ssv