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High Court for State of TelanganaWP/24651/2016disposed of no costs

Kothapalli Ambulayya v. The State Of Telangana Rep. By Its Principal Secretary,

2016-07-26Challa Kodanda Ram2 pages

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.24651 OF 2016 ORDER:

Heard.

2. The case of the petitioner is that originally his grandfather Kothapally Ambulaiah was the pattadar of the land admeasuring Ac.1-34 guntas in Survey No.44/4 situated at Ramannapalem Village, Yerrupalem Mandal of Khammam District. While so, said land was given to respondent No.6 for Kowl purpose and after the death of father of the petitioner, respondent No.6 has been paying the Kowl amount to the family of the petitioner. While the matter stood thus, respondent No.6 by suppressing the facts obtained passbook and title deed vide patta No.43 and respondent No.5 without issuing any notice and without conducting enquiry by following due process under ROR Act and Rules has issued passbook and tile deeds to the petitioner. Thereby, the petitioner made a representation to respondent Nos.2 to 5 for cancellation of pass book and tile deeds issued in favour of respondent No.6. Aggrieved by the inaction on the part of respondents, the present writ petition is filed.

3. Apparently, petitioner has a remedy of Revision before the Joint Collector, third respondent, under Section 9 of the A.P.Rights in Land and Pattadar Passbooks Act, 1971 (for short, "ROR Act".

4. Hence, the Writ Petition is disposed of granting liberty to the petitioner to invoke the jurisdiction of the third respondent-Joint Collector under Section 9 of the ROR Act. As and when such Revision is preferred by the petitioner, the same shall be considered and appropriate orders be passed, in accordance with law, after

following the procedure prescribed under law. As a sequel, the miscellaneous petitions pending consideration, if any, in the Writ Petition shall stand closed in the light of this final order. No order as to costs. ---------------------------------------------------- JUSTICE CHALLA KODANDA RAM July 26, 2016 LMV