Mahaboob Khan v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 19974 of 2019 O R D E R:

Petitioner asserts that he is the owner and possessor of land to an extent of Ac.0.22 guntas in Survey No.135 situated at Sarangapur Village, Nizamabad Mandal and District; that his name was mutated in the revenue records and pattadar pass books were issued in his favour pursuant to the proceedings, dated 20.07.2011, issued by respondent No.3-Tahsildar, Nizamabad Mandal and that even in the pahani for 1424 Falsi, his name was shown. His grievance is that respondent No.3 is trying to interfere with his possession. Hence, this writ petition.

Learned Assistant Government Pleader for Revenue placed before this Court the written instructions received from respondent No.3.

A perusal of the written instructions does not show the denial of the proceedings, dated 20.07.2011, issued in favour of the petitioner as well as the reflection of his name in the pahani for 1424 Falsi. However, in the instructions, there is a statement to the effect that respondent No.3 never told the petitioner to vacate and handover the possession of the subject land. This indicates that the petitioner is prima facie in possession of the subject land. In those circumstances, the writ petition is disposed of with the direction to the respondents not to interfere with the possession and

enjoyment of the petitioner over the subject land, without following due process of law.

Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:17.09.2019 kdl