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High Court for State of TelanganaWP/34167/2017disposed of no costs

M.Anjaiah v. The State Of Telangana,

2017-10-23P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 23.10.2017 Between:

M.Anjaiah, S/o. Ramaiah, Aged about 65 years, Occu: Agriculturist, r/o. Khanapur village, Ibrahimpatnam Mandal, Ranga Reddy District and another.

.....Petitioners and The State of Telangana, rep.by iuts Principal Secretary, Revenue Department, Secretariat at Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioners are aggrieved by the order of Revenue Divisional Officer, Ibrahimpatnam Division, dated 06.07.2017, which was made by the appellate authority in appeal filed by the 1st petitioner under Section 4 (b) of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act, 1977). The appellate authority affirmed the decision of Tahsildar in resuming the land holding that conditions of assignment were violated and third parties were inducted into the subject land. Aggrieved thereby, 1st petitioner preferred appeal before the Joint Collector.

Alleging that construction activity is going on and petitioners are being dispossessed of in the guise of resumption orders, this writ petition is filed.

2.

On 13.10.2017, while adjourning the matter to this date for production of records on resumption of land, Court directed the parties to maintain status quo. Court further directed not to undertake any further construction, except for undertaking of construction of local camp office for the Member of Legislative Assembly on 800 square yards.

3.

Learned Government Pleader, on instructions, submits that Joint Collector has fixed 28.10.2017 as date of hearing to consider second appeal filed by the 1st petitioner aggrieved by the decision of Revenue Divisional Officer and matter would be considered and decided expeditiously.

4.

Having regard to these developments, both learned counsel agree for disposal of the writ petition by fixing some time limit for consideration of second appeal by the Joint Collector and pending consideration of second appeal, continuation of interim orders passed on 13.10.2017.

5.

Having regard to the same, without expressing any opinion on merits, writ petition is disposed of, directing the Joint Collector, Ranga Reddy District at Lakdikapool, to consider all the objections, afford due opportunity to them and pass appropriate orders as expeditiously as possible. Till the orders are passed, respondents are directed to maintain status quo on the remaining extent of subject land, except 800 square yards. Construction activity of building for local camp office for the Member of Legislative Assembly on 800 square yards may go on. Petitioners are directed to cooperate and shall appear before the Joint Collector on 28.10.2017. It is made clear that it is open to the Joint Collector to consider the matter on merits and pass appropriate orders even if petitioners do not appear and/or do not cooperate for early disposal.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 23.10.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 23.10.2017 kkm