Vage Venkateshwar Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21625 OF 2019 Dated:20.11.2019 Between:

Vage Venkateshwar Rao, S/o. V. Chinnabbi, Aged 44 years, Occ: Agriculture, R/o.H.No.2-111/B, Piraigudem Village, Dummugudem Mandal, Bhadradri Kothagudem District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21625 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 2.

Petitioner claims that he purchased Ac.0.031⁄2 guntas of land in Survey No.7 of Narayanapuram Parnasala Village, Dummugudem Mandal, Bhadradri Kothagudem District, from V. Srinivas Rao by paying sale consideration and he is in possession and enjoyment of the said land. In this Writ Petition, petitioner challenges the notice, dated 27.08.2019, issued by the Tahsildar, Dummugudem Mandal, the 3rd respondent, under Section 7 of the Telangana Land Encroachment Act, 1905 alleging that the notice was given to Munti Hanuman Singh, the 4th respondent herein, who is no way concerned with the subject property.

3.

Learned counsel for the petitioner placed reliance on the letter dated 30.08.2019 written by the 4th respondent, wherein the Tahsildar was informed that he is no way concerned with the subject property and that notice was issued to a wrong person. 4.

Except placing reliance on the unregistered sale deed claimed to have been executed by his vendor, petitioner has not placed any other material to show that whether his vendor has acquired title; whether the said title is validly passed on to him and whether in the revenue records, the name of the vendor is properly reflected. Therefore, the primary contention of learned counsel for the petitioner that the notice was issued to a wrong

- 3 - person is without any basis. Thus, I do not see any illegality in the notice issued by the competent authority. 5.

Since the petitioner is claiming that he is in possession of the subject property and already the relevant documents are placed before the Tahsildar, he is granted liberty to submit an explanation to the notice issued and if such explanation is submitted within two weeks from today, the same shall be considered by the Tahsildar before passing orders, if so far no orders are passed.

6.

The Writ Petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. ____________________ P.NAVEEN RAO, J Date:20.11.2019 Note: Issue C.C. in three days.

(B/o) KH