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High Court for State of TelanganaWP/28007/2019disposed of no costs

Solam Mutthamma v. The State Of Telangana,

2019-12-18P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:

Solam Muthamma w/o. Babu, Aged 52 years, Occu: Agriculture, r/o. Veerabhadraram (Z) village, Venkatapuram Mandal, Old Khammam district.

.....Petitioner and The State of Telangana, rep.by its Principal Secretary, Revenue Dept., Secretariat, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner contends that she is the owner of land to an extent of Ac.1.27 guntas in Sy.No.1P; Acs.2.16 guntas in Sy.No.7/5P; Ac.0.33 guntas in Sy.No.7/2P of Ankannagudem (Z) village, Venkatapuram Mandal, Mulugu district. Petitioner claims to be the Scheduled Tribe and the subject land is in scheduled area. Petitioner claims that she succeeded the said property from his forefathers. Petitioner now alleges that the Tahsildar directed her not to undertake any agricultural operations by laying cement poles in her land. Petitioner was threatened with severe consequences if agricultural operations are undertaken. Except these assertions in the affidavit, no material is placed on record to show why the cement poles were laid by the revenue authorities and why revenue authorities directed not to undertake agricultural operations when petitioner asserts that it is a private patta land and she is owner of the land.

2.

If what is contended in the affidavit is true, liberty is granted to the petitioner to make an application to the Revenue Divisional Officer bringing to the notice of the Revenue Divisional Officer, Mulugu that illegally Tahsilder is threatening the petitioner from undertaking agricultural operations. On filing such application, the Revenue Divisional Officer shall verify the facts and issue suitable instructions to the Tahsildar. If it is found to be the private land and same is not acquired by following due process, petitioner should not be obstructed from carrying out agricultural operations. This aspect does not come in the way of third party

claim. A decision shall be taken within a period of three weeks from the date of submission of such application. 3.

Writ Petition is accordingly disposed of.

Pending miscellaneous petitions shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Note: Issue C.C. in one week.

(b/o.) kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO kkm