Smt. Ashrafunnisa, W/O. Late Syed Ahmed Ali Khan, v. The State Of Telangana., Rep. By Its

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.26422 OF 2016 O R D E R :

This writ petition is filed challenging the proceedings of the 4th respondent bearing No.B/352/2016 dated 11.04.2016 wherein the application of the petitioners for mutation of their names in the revenue records and for issuance of pattadar pass books and title deeds in respect of the land to an extent of Ac.28.21 guntas in Survey No.25/2, (Old Sy No.101), situated at Pet-Basheerabad, Kompally Village, Qutbullapur Mandal, Ranga Reddy District, is rejected.

Learned counsel for the petitioners states that though petitioners filed all the documents, 4th respondent rejected the application of the petitioner without issuing any notice to the petitioner which is in violation of proviso to Sub-section (1) of Section 5 of the A.P.Rights in Land and Pattadar Pass Books Act, 1971.

Learned Assistant Government Pleader for Revenue states that the subject lands are government lands and since no documents are filed, the application of the petitioners is rejected.

Without going into the merits of the case, only on the ground of violation of principles of natural justice i.e., non issuance of notice to the petitioners as per proviso to sub-

section 1 of Section 5 of the Act, the impugned proceedings dated 11.04.2016 passed by the 4th respondent is set aside and the 4th respondent is directed to pass appropriate orders on the application of the petitioner after issuing notice to the petitioner by taking into account the documents stated to have been filed by the petitioners if any. It is also open for the petitioners to file all the documents if not filed already. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 27.08.2016 t k.