Bodige Mallesh v. The State Of Telangana,

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.557 OF 2017 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for respondents 1 to 3. With their consent, the present writ petition is disposed of at the admission stage.

2.

Since this Court is not going into the merits of the case, it may not be necessary to issue notice to respondents 4 to 8. 3.

The present writ petition came to be filed with the following prayer:

"....to pass an order or orders one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent for not disposing of the application made by petitioner and others under section 40 of A.P. (TELANGANA TENANCY AND AGRICULTURAL LAND ACT, 1950) dated: 05-09-2015 and 17.12.2016 with regard to the issuance of Succession of the Original of Protected Tenant, in respect of land in Sy.No.50, admeasuring Ac.14.29 Gts., and Sy.No.51, admeasuring Ac.14.08 Gts., situated at Majeedpur village, Abdullapurmet Mandal, Ranga Reddy District and declare the same as illegal, arbitrary, violation of principles of natural justice, totally against the provisions of A. P. (TELANGANA TENANCY AND AGRICULTURAL LAND ACT, 1950)."

4.

Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a

CPK,J WP_557_2017 direction to the 3rd respondent to consider the representations dated 05.09.2015 and 17.12.2016 made by the petitioner at the earliest. 5.

Learned Government Pleader for Revenue submits that if the applications made by the petitioner are within the limitation and if the authority is competent to consider the same, a direction may be given to consider the applications, in accordance with law. 6.

Having regard to the submissions made, the Writ Petition is disposed of directing the 3rd respondent - Tahsildar, to deal with the application dated 17.12.2016 made by the petitioner, in accordance with law, if it is filed within the limitation and if he is otherwise eligible, as early as possible preferably within a period of three (03) to four (04) months from the date of receipt of a copy of this order. It is needless to mention that the authority while dealing with the said application, shall not only hear the petitioner, but also hear all the aggrieved persons, if any, and the unofficial respondents herein. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:05.01.2017 INL