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High Court for State of TelanganaWP/27970/2017dismissed

Anaparthi Sadaiah, S/O. Ramulu, v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-08-22P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27970 OF 2017 Dated:22.08.2017 Between:

Anaparthi Sadaiah, S/o. Ramulu, Age 51 years, Occ: Singareni Employee, R/o.H.No.22-3-4, Subhash Nagar, Bellampalli Town, Mancherial District .. Petitioner And The State of Telangana, rep., by its Principal Secretary for Revenue, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27970 OF 2017 ORDER:

The facts on record and the document enclosed to the writ affidavit would disclose that there is an inter se dispute between the petitioner and the 6th respondent. It appears, the 6th respondent filed application before the Revenue Divisional Officer, Bellampalli Mandal, Mancherial District, in respect of land to an extent of Ac.0.25 cents in Survey No.109 of Kannal Shivar Village, Bellampalli Mandal, Mancherial District. In response to the said application, the Revenue Divisional Officer, Bellampalli Mandal, issued notice on 16.08.2017 to the petitioner directing him to appear on 19.08.2017.

2.

Learned counsel for the petitioner states that appearance was entered on behalf of the petitioner and the matter now stands adjourned.

3.

At this stage, this Writ Petition is filed seeking declaration that the Tahsildar, Bellampalli Mandal, Macherial District, is repeatedly and frequently interfering with the peaceful possession and enjoyment of the petitioner's land to an extent of Ac.0.10 guntas (0.25 cents) in collusion with the 6th respondent. 3.

Though the prayer is with regard to repeated and frequent interference, it appears no complaint is lodged with the higher authorities about the alleged illegal interference by the Tahsildar at the instance of the 6th respondent. It appears, there is inter se dispute between the petitioner and the 6th respondent. Since

notice was already issued, if what is contended herein is true, the petitioner ought to have complained the same before the Revenue Divisional Officer when appearance is entered on his behalf. Thus, this Court is not inclined to entertain the Writ Petition and keep the same pending.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to complain before the higher authorities, if the incumbent Tahsildar is interfering in the civil disputes between the private parties and also to the Revenue Divisional Officer in pending proceedings on the petition filed by the 6th respondent. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:22.08.2017 KH