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High Court for State of TelanganaWP/28271/2017dismissed

Vunnam Hari Kartheek, v. The State Of Telangana,

2017-08-23P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28271 OF 2017 DATED : 23.08.2017 Between :

Vunnam Hari Kartheek S/o.Late Venkateswara Rao, Aged 26 yrs, Occu : Agriculture-cum-Business, R/o.Flat No.A 402, Kamatham Presidency, Varadaiah Nagar, Khammam, Khammam District & others.

..

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

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28271 OF 2017 ORDER :

Heard.

2.

This writ petition is filed apprehending that at the instance of unofficial respondents- respondents 4 and 5, the Tahsildar, Tirumalayapalem, Khammam is undertaking the exercise of transferring lands in the names of respondents 4 and 5, though petitioners are entitled to share in the properties mentioned in the prayer. Petitioners further contend that alleging undertaking of such exercise, and not to undertake such exercise without putting them on notice, a representation was made on 02.08.2017, but the same is not yet considered. Hence, this writ petition. 3.

As noted above and as can be seen from the prayer sought in the writ petition, the grievance of the petitioners as on today is premature. Petitioners may have a cause of action only when without following the due process as required by the A.P. Rights in Land and Pattedar Pass Books Act 1971 (for short 'the Act, 1971'), if revenue records are altered or pattedar pass book and title deeds are granted in favour of respondents 4 and 5. As of now, it was only an apprehension of somebody making an application and consideration of such application. The Act, 1971 do not envisage prior acceptance of objections, even before the process is set in motion.

4.

Thus, leaving it open to the petitioners, to work out their grievance, if any, after the process is set in motion or a decision is made by the Tahsildar, without following the due procedure as

- 3 - required by the Act, 1971, the writ petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 23rd August, 2017 Rds