Kayam Abbaiah, v. The State Of Telangana

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.16202 of 2017 ORDER:

Heard Mr.R.Srinivasa Rao for petitioner and the learned Assistant Government Pleader for Revenue.

The petitioner seriously joins issue on the distance between Sy.No.1/ 1 and Garimellapadu Village by contending that it is nearly 3.5 kilometers but not 2 kilometers from Garimellapadu Village as stated by the memo impugned in the writ petition. According to him, refusing to consider the case of petitioner by referring to inapplicable circumstanc e is illegal and the matter needs to be re-examined.

I have perused the record. I am of the view that the request of petitioner for assignment is examined from the perspective of prohibition stipulated by G.O.Ms.No.571 dated 14.09.2012. Assuming without recording a finding that the basis for reliance on G.O.MS.No.571 can be set aside, the case of petitioner for assignment of eligible extent will have to be considered on merits.

Hence, the writ petition is disposed of by this order. (a) The petitioner is given liberty to file objec tions on the Memo dated 29.01.2016 and also append to the objections data showing the

distance between village and Sy.No.1/ 1, by enclosing a copy of this order, within eight weeks from today.

(b) The Tahsildar-4th respondent examines the issue and passes orders as are deemed fit within a further period of six weeks.

(c ) The petitioner, if is aggrieved by a decision ultimately taken by 4th respondent, is given liberty to pursue legal remedies.

Miscellaneous petitions, if any, pending, shall stand closed. No order as to costs.

_____________ S. V. BHATT, J Date: 20-04-2018 Prv

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.16202 of 2017 20-04-2018 Prv