Boda Mangamma v. The State Of Telangana And 4 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15658 OF 2019 Date:25.07.2019 Between:

Boda Mangamma, W/o. Peda Venkataiah, Aged about 44 years, Occ: Agriculture Labour, R/o. Nidamanoor (V & M), Nalgonda District .. Petitioner And The State of Telangana, rep., by its Principal Secretary,Revenue Department, Secretariat Buildings, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15658 OF 2019 ORDER:

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

2.

Assignment granted to the petitioner was sought to be cancelled and notice was issued to her. Not satisfied with the explanation offered by the petitioner, the Tahsildar passed order on 14.02.2019 cancelling the assignment granted to her. A reading of the said order would show that the family of the petitioner was having agricultural land to an extent of Acs.23.33 guntas and without disclosing the extent of land owned by her family, assignment was obtained. The order also discloses that Acs.14.00 guntas of land stands in the name of the husband of the petitioner. 3.

Petitioner sought to contend that she is a customary diversee and no more living with her husband and therefore merely because family owns large extent of land is not a ground to cancel the assignment. However, these are the questions of fact which can be gone into in an appeal. Against the decision of the Tahsildar, remedy of appeal is available to the petitioner and without availing the said remedy, this Writ Petition is filed. Therefore, the Court is not inclined to entertain the Writ Petition.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to avail the remedy of appeal. Pending miscellaneous petitions shall stand closed.

_____________________ P. NAVEEN RAO, J Date:25.07.2019 KH