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High Court for State of TelanganaWP/22135/2012disposed of no costs

Kailas Sreeramulu, v. The Revenue Divisional Officer,

2015-09-21C.Praveen Kumar3 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Writ Petition No.22135 of 2012 Date: 21-09-2015 Between:

Kailas Sreeramulu .... Petitioner AND The Revenue Divisional Officer, Sangareddy District and another .... Respondents HON'BLE SRI JUSTICE C. PRAVEEN KUMAR Writ Petition No.22135 of 2012 ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. With the consent of the both parties, the writ petition is heard at the stage of admission itself.

The present writ petition came to be filed seeking issuance of writ of mandamus directing the 1st respondent to decide the appeal filed by the petitioner on 02-09-1996 against the order passed by the 2nd respondent in file No.C/2732/1986 with regard to the lands in Survey Nos.441 and 422/EE of Gandiguda village, Hamlet of Sultanpur village, Patancheru Mandal, Medak District within a period of one month.

The grievance of the petitioner is that he purchased agricultural lands

admeasuring Ac.4.05 guntas in Survey No.441 from Ch. Laxmaiah, Ac.4.50 guntas in Survey No.441 from R. Chittaiah and Ac.4.50 guntas of land in Survey No.422/EE from Sri N. Laxmaiah respectively situated at Gandiguda village, Hamlet of Sultanpur village, Patancheru Mandal, Medak District under different registered sale deeds bearing document Nos.80/86; 79/86 and 8295/84, dated 03-01-1986 and 12-12-1984. It is stated that the petitioner was put in possession of the said lands in pursuance of the said sale and has been in possession and enjoyment of the said lands ever since from the date of purchase.

While things stood thus, the 2nd respondent issued proceedings vide C/2732/86, dated 23-04-1988 holding that the alienation made was not genuine and consequently authorised the Mandal Revenue Inspector, Patancheru to resume the lands bearing Survey Nos.422/EE and 441 admeasuring Ac.8.10 guntas situated at Sultanpur village. Challenging the said orders of the Mandal Revenue Officer, the petitioner preferred an appeal before the Revenue Divisional Officer, Sangareddy on 02-09-1996. It is further stated that in spite of the fact that the appeal was filed in 1996, the same is not even numbered till today and in spite of giving number of representations, no action has been taken by the Revenue Divisional Officer, Sanga Reddy either for numbering the appeal or for hearing the same.

But, the record shows the Revenue Divisional Officer, Sangareddy issued proceedings in Lr.No.C1/3149/2012, dated 27-072012, calling upon the petitioner to appear before him on 03-08-2012 at 3.00 P.M. at Revenue Divisional Office, Sangareddy, but nothing happened till today. Learned counsel for the petitioner states that a necessary direction may be given to the Revenue Divisional Officer, Sangareddy, to dispose of the appeal pending before him at the earliest, for which the learned Government Pleader for Revenue states that he has no objection, if the said appeal is still pending for consideration.

Without going into the merits of the case, the writ petition is disposed of directing the Revenue Divisional Officer, Sangareddy, to dispose of the appeal preferred by the petitioner against the order of the 2nd respondent in C/2732/1986 in respect of the land in Sy.No.441 & 422/EE of Gandiguda village, Hamlet of Sultanpur village, Patancheru Mandal, in accordance with law, if the said appeal is still pending with him, within a period of 12 weeks from the date of receipt of a copy of the order. It is needless to mention that that the

petitioner is always at liberty to make appropriate application seeking interim orders, if necessary, in the said appeal. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ___________________ C. PRAVEEN KUMAR, J Date: 21-09-2015 Ksn