Sarojamma v. The State Of Telangana

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.35790 OF 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondents 1, 3 to 5.

The petitioner had earlier approached this Court complaining that her lands are getting flooded on account of change in design of the tank in Thummalapally Village, Gattu Mandal, whereupon this Court passed an order, dated 03.09.2015, in W.P.M.P.No.36773 of 2015 in W.P.No.28354 of 2015 directing consideration of petitioner's representation. While so, the petitioner complains that instead of considering her request, the Tahsildar, Gattu Village and Mandal, Mahabubnagar District, the 4th respondent, has sent a recommendation to the Revenue Divisional Officer, Gadwal, Mahabubnagar District, the 3rd respondent, with a copy to Civil Engineer, Irrigation Department, regarding assignment pattas and recommended cancellation of assignment vide proceedings No.71/2015, dated 29.07.2015. In terms therein, the 3rd respondent, in his letter No.

D/3823/2015, dated 03.09.2015, advised the 4th respondent to take appropriate action according to the Lavoni Patta norms and submit a report. The petitioner challenges both the said proceedings on the ground that her assignment is being cancelled as per the aforesaid proceedings.

I do not see any cancellation order in the said impugned proceedings. On the contrary, on the factual reports sent by the 4th respondent to the 3rd respondent, the 3rd respondent directed the 4th respondent to take action according to Lavoni Patta norms.

Learned Government Pleader for Revenue submits that if any action is intended to be taken by the respondents, due process of law would be followed by them and the 4th respondent would certainly intimate the petitioner before taking any action in the matter.

In view of the same, as of today there being no cancellation of patta of the petitioner, the Writ Petition is disposed of with a direction that if any proceedings are to be initiated against the petitioner, the 4th respondent shall issue notice to her and also an opportunity of submitting explanation and then take appropriate action in accordance with law. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 03.11.2015 KH