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High Court for State of TelanganaWP/24074/2019disposed of no costs

Yetukuri Venu v. The State Of Telangana

2019-12-10P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24074 AND 21161 OF 2019 Date:10.12.2019 W.P.No.24074 OF 2019 Between:

Yetukuri Venu, S/o. Dasu Chowdary, Aged about 33 years, Occ: Agriculture, R/o.Chalvai Village, Govindaraopeta Mandal, Mulugu District and others .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24074 AND 21161 OF 2019 COMMON ORDER:

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

Petitioners in these Writ Petitions are same and their grievance is in respect of land admeasuring Acs.26.20 guntas in Survey No.774 of Ponnammabodu, Chalvai Village, Govindaraopet Mandal, Mulugu District.

3.

In W.P.No.21161 of 2019, petitioners sought for a mandamus declaring the action of respondents 2 to 6 in trying to dispossess them from the peaceful possession and enjoyment of the agricultural land, mentioned above, without following due process of law. This Court, by order dated 25.09.2019 in I.A.No.1 of 2019 in W.P.No.21161 of 2019, granted interim direction not to dispossess the petitioners.

4.

During the pendency of the said Writ Petition, the same petitioners filed W.P.No.24074 of 2019. Alleging that assignment pattas were granted to respondents 5 to 26 in the patta land of the petitioners, they preferred appeal before the Revenue Divisional Officer, Mulugu District, contending that no such assignment can be made on a private land. They have also filed an application to grant stay of such assignment. Alleging that so far no orders are passed on the appeal preferred by the petitioners, this Writ Petition is filed.

5.

Having regard to the fact that the petitioners admitted that there appears to be some assignments to landless poor persons, it cannot be said that they are sought to be dispossessed without justification. However, since the petitioners preferred appeal before the Revenue Divisional Officer alleging that on a private patta land of the petitioners, assignment pattas were granted to respondents 5 to 26 and the copies of assignments were not furnished to them, granting liberty to the petitioners to prosecute the appeal preferred by them before the Revenue Divisional Officer, both the Writ Petitions are disposed of. Till the orders are passed either on the interlocutory application to grant stay or on merits in the main appeal, whichever is earlier, the interim order dated 25.09.2019 granted in W.P.No.21161 of 2019 shall continue. Pending miscellaneous petitions shall stand closed. _____________________ P. NAVEEN RAO, J Date:10.12.2019 KH