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High Court for State of TelanganaWP/29465/2015dismissed no costs

Kotha Ramulu S/O. Bhoomaiah v. The State Of Telangana

2015-09-10Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.29465 OF 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

This Writ Petition is filed merely on an apprehension that the 4th respondent is likely to cancel the certificate issued under Section 13-B of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the Act'). The petitioner states that he was issued the said certificate in ROR Case No.A5/3452/2010, dated 15.02.2010, relating to the land admeasuring Ac.0.39 guntas in Survey No.1422 of Nizamabad Town and District, which was purchased by him from one Sri Narasimha Bhat on 15.02.1982 under an unregistered sale deed. Alleging that at the instance of the 5th respondent, the 4th respondent is taking steps to cancel the same without notice to the petitioner and without following due procedure, the present Writ Petition is filed.

It is difficult to appreciate such an apprehension that the 3rd respondent would cancel the certificate stated to have been granted to the petitioner under Section 13-B of the Act as there is no material to presume that the 4th respondent would act in a manner contrary to law and cancel the petitioner's certificate. The 4th respondent is duty bound to follow the procedure prescribed under the Act, if he intends to take any action against the petitioner. There are no reasons to entertain this Writ Petition.

The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 10.09.2015 KH