Mirza Wasim Baig v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 25750 OF 2011 ORDER:

Heard learned counsel for the petitioner and learned Government Pleaders for Revenue. With the consent of both the parties, the Writ Petition is disposed of at the admission stage itself. The present Writ Petition came to be filed seeking to declare the action of the second respondent in threatening to dispossess the petitioner from her land admeasuring Acs.7.14 guntas in Survey No.119, 119/Paiki situated in Kankal Village, Pudur Mandal, Ranga Reddy District, pursuant to the proceedings No.B/404/2011, dated 31.05.2011, as illegal and arbitrary and consequently direct the second respondent to desist from taking possession of the said land. The petitioner claims to be the owner and possessor of the agricultural land totally admeasuring Acs.7.14 guntas in Survey No.

119/Paiki situated in Kankal Village, Kankal Grampanchayat, Pudur Mandal, Ranga Reddy District, having purchased the same from one Begari Tirumalaiah under a registered sale deed dated 23.08.2005, vide document No.1574 of 2005 in the office of the SubRegistrar, Parigi. The name of the petitioner was mutated in the revenue records and pattadar pass books and title deeds were also issued to her by the Tahsildar, Pudur. It is said that since then she has been in possession and enjoyment of the said land. While things stood thus, the petitioner received notice bearing No.B/404/2011, dated 31.05.

passed by the Joint Collector, Ranga Reddy Distrcit in proceedings No.F1/1282/2007, dated 30.04.2008 issued in favour of one P.Rajendra Reddy. Since the petitioner was not aware of the said proceedings and since she is not a party to the said proceedings issued by the Joint Collector, she requested the Tahsildar to supply her with a copy of the proceedings issued by the Joint Collector, Ranga Reddy and also preferred extension of time for submitting objections in respect of implementation of the name of one P.Rajender Reddy, but in vain. Instead, the second respondent threatened to dispossess the petitioner from her agricultural land by way of alleged implementation of the proceedings of the Joint Collector, Ranga Reddy District. Aggrieved thereby and questioning the action of the Tahsildar in implementing the proceedings of the Joint Collector, without giving any opportunity to the petitioner, the present Writ Petition came to be filed.

No counter is filed. When the matter came up for hearing today, learned Government Pleader submitted a copy of the order passed by the Joint Collector dated 30.04.2008 to the learned counsel for the petitioner. The fact of furnishing the notice dated 31.05.2011 to the petitioner is not disputed by the learned Government Pleader for Revenue.

It appears that the petitioner is aggrieved by the action of the Tahsildar in issuing notice without enclosing the order of the Joint Collector in proceedings No.F1/1282/2007, dated 30.04.3008. It is her case that in the absence of the order being furnished to her, it is difficult to submit objections to the proceedings issued by the Joint Collector.

Since the proceedings of the Joint Collector are now served on

the learned counsel for the petitioner, the Writ Petition is disposed of directing the petitioner to submit objections to the notice dated 31.05.2011 issued by the Tahsildar, Pudur Mandal, Ranga Reddy District, within two weeks from today, in which event, the Tahsildar (second respondent) shall dispose of the same, in accordance with law, within twelve (12) weeks thereafter. If the petitioner is still in possession of the land, the Tahsildar shall not take any coercive steps against her till then. No costs.

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

_________________________ JUSTICE C. PRAVEEN KUMAR 01.09.2015 vhb