Bhukya Vijaya v. The Tahsildar And 5 Others

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.26862 of 2022 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4. The writ petition is disposed of at the stage of admission.

2.

The grievance of the petitioner in this writ petition is in respect of non-consideration of the representation submitted by her under Section 4 (1) (b) of the Telangana State Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act, 1977') read with Rule 3 of the Telangana State Assigned Lands (Prohibition of Transfers) Rules, 2007 (for short, 'the Rules, 2007'), for resumption of the assigned land of the petitioner admeasuring Acs.5.00 in Survey No.309/9 situated at Rompedu Village of Yellandu Mandal, Bhadradri Kothagudem District, from respondents 4 to 6. The petitioner claims to be the assignee of the subject land vide patta in R.C.No.B/1516/2001, dated nil.05.2001.

3.

According to learned counsel for the petitioner, the name of the petitioner is also updated in the revenue records as

pattadar. However, the names of respondents 4 to 6 have been updated in respect of the subject land without any notice and without affording any opportunity of hearing to the petitioner, though she never alienated the subject land to anyone nor executed any conveyance deed in favour of respondents 4 to 6. According to learned counsel, respondents 4 to 6 are no way concerned with the subject property, but they have illegally occupied the subject property with the help of local politicians. Therefore, the petitioner submitted a petition to the Tahsildar - respondent No.1 seeking appropriate directions for resumption of the said land from respondents 4 to 6 and for re-assigning the same to the petitioner in terms of the provisions contained under the Act, 1977. However, the same is still pending and no action is initiated by respondent No.1. Hence, the petitioner approached this Court by filing the present writ petition. 4.

When the matter is taken up for consideration, learned Assistant Government Pleader for Revenue placed before this Court the instructions received from respondent No.1. From the said instructions, it is evident that respondent No.1, having considered the petition submitted by the petitioner, has already issued notices in Forms - I and II to the petitioner as well as to respondents 4 to 6 and has already initiated action in terms

of the Act, 1977 and the Rules, 2007. It is further submitted that respondent No.1 would take further action in accordance with law.

5.

Taking into consideration the submissions made by learned Assistant Government Pleader for Revenue and also the instructions, it is noticed that the action has already been initiated by respondent No.1 on the petition submitted by the petitioner.

6.

In view of the same, the writ petition is disposed of directing respondent No.1 to complete the process already initiated on the petition submitted by the petitioner, dated 13.04.2022, and conclude the same in accordance with law within a period of three months from the date of receipt of a copy of this order.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

____________________________________ MUMMINENI SUDHEER KUMAR, J Date:27.06.2022 KH

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.26862 of 2022 Date:27.06.2022 KH