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High Court for State of TelanganaWP/22937/2014disposed of no costs

Yellanki Gopal Rao v. The State Government Of Telangana, Rep. By Its Principal

2018-12-10U.Durga Prasad Rao2 pages

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No. 22937 of 2014 O R D E R:

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent No.2 in issuing the notice to the petitioner in R.O.R.Appeal No.01/2014 filed by respondent No.4 under Section 5-B of A.P.Rights in Land and Pattedar Pass Books Act, 1971, in respect of the land admeasuring Ac.7.36 guntas in Sy.No.203 situated at Gundepudi village, Julurupadu Mandal, Khammam District, (now Bhadradi Kothagudem District), as illegal and arbitrary.

Learned Government Pleader for Revenue takes notice on behalf of respondent Nos.2 and 3. Though notice was served to respondent No.4, there is no representation on her behalf. The main plank of argument of learned counsel for petitioner is that against issuance of RoR, no appeal is maintainable in view of the decision of this Court in Ratnamma V.Revenue Divisional officer, Dharmavaram1.

Having regard to the facts and circumstances of the case and in view of the decision cited supra, this Court deems it fit to give

1. 2015(6) ALD 609 DB.

liberty to the petitioner to appear before respondent No.2 in R.O.R Appeal No.1 of 2014 and raise the contention relating to the maintainability of Appeal in view of the decision of this court cited supra along with other contentions, in which case, respondent No.2 shall decide the appeal on merits expeditiously but not later than eight (08) weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs.

Miscellaneous Petitions, if any pending, shall stand closed. ______________________ U.DURGA PRASAD RAO, J 23.11.2018 Note: CC by 12.12.2018 B/o.Mjl/*