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High Court for State of TelanganaWP/10985/2018disposed of no costs

Pyila Mareneyya v. The State Of Andhra Pradesh,

2018-04-04P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10985 OF 2018 DATED :04.04.2018 Between :

Pyila Mareneyya S/o.Late Pyila Pothuraju, Aged about 42 yrs, R/o.H.No.20-86, Near Railway Station, Yelamanchili, Visakhapatnam District, & another.

.. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary Revenue (Assignment) Department, Secretariat, Velagapudi, Amaravati, Guntur District Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10985 OF 2018 ORDER :

Heard learned counsel for the petitioners and learned Government pleader for Revenue.

2.

Petitioners are aggrieved by notice dated 13.03.2018 issued by the Tahsildar, Yelamanchili, under the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977, alleging that on assigned land, sale was made and petitioners purchased assigned land. According to learned counsel for the petitioners, it is not an assigned land. The revenue records reflect the status of land as private patta land and after due verification of revenue records, petitioners purchased the land. Explanation to this extent was already filed by the petitioners. However, without passing orders on consideration of explanation, respondents are threatening to dispossess the petitioners and the same is ex-facie illegal. 3.

Learned Assistant Government Pleader would submit that as the authority has already issued notice, it cannot be expected that petitioners would be dispossessed even before a decision is made on due consideration of the explanation.

4.

This statement of learned Assistant Government Pleader is based on general procedure that is required to be followed by the authorities as and when adverse action is initiated and sufficiently protects the interest of the petitioner. Therefore, there is no cause for continuation of proceedings in this writ petition.

- 3 - 5.

Writ Petition is accordingly disposed of granting liberty to the petitioners to work out their remedies as available in law, if an adverse decision is made. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 4th April, 2018 Rds