Sri Md. Nazeer Ali v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.25723 OF 2019 Date: 21.11.2019 Between:

Sri Md. Nazeer Ali, S/o.Mohd Ali, Aged 50 yrs, Occu : Business, R/o.H.No.8-1-26/B, Aminthanpur Village, Bhoothpur Mandal, Mahabubnagar District.

.....Petitioner And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others.

.....Respondents The Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.25723 OF 2019 ORDER:

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

Petitioner is aggrieved by the order dated 13.11.2019 passed by the Tahsildar, Bhoothpur Mandal, Mahabubnagar District-4th respondent in exercise of power vested in him by the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act, 1977') resuming the land to an extent of Ac.930 guntas in Sy.No.220 of Amistapur Village, on the allegation that the assignee has violated the terms of assignment. Against the said decision of Tahsildar, petitioner has remedy of appeal under Section 4(a) of the Act, 1977. Without availing the said remedy, this writ petition is filed.

3.

Since petitioner has an effective remedy in the form of appeal, the Writ Petition is disposed of granting liberty to the petitioner to file appeal. If the appeal is filed by the petitioner, the same shall be considered. It is also open to the petitioner to file application for grant of stay of the order of Tahsildar, dated 13.11.2019. With reference to possession, status-quo obtaining as on today shall be maintained for a period of six weeks, to enable the petitioner to prefer appeal and also application for grant of stay. Pending miscellaneous petitions, if any, shall stand closed.

___________________ P.NAVEEN RAO, J 21st November, 2019 Rds