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High Court for State of TelanganaWP/12407/2017disposed of no costs

Anisetti Venkata Rao v. The State Of Andhra Pradesh,

2017-06-06S.V.Bhatt3 pages

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.12407 of 2017 ORDER:

Though the prayer is against inaction in considering and disposing of the representations dated 09.02.2017 and 11.02.2017. Learned counsel appearing for the parties have made detailed submissions on several aspects on title, possession and the orders that are required to be passed by the competent authority in this behalf.

2. With the assistance of Mr. T.N.M. Ranga Rao, I have perused the representation dated 09.02.2017 made by the petitioners under the A.P. Agricultural Land (Conversion for non-agricultural purposes) Act, 2006 (for short 'the Act'), the petitioners believe to be the absolute owners and bona fide purchasers, have requested the 3rd respondent to pass orders under the Act. The 3rd respondent ought to have passed the orders and communicated the same to the petitioners. The petitioners, if are aggrieved by such decision, can workout their remedies, in accordance with law. This court is in agreement with limited submissions of Mr. Ranga Rao, that while allowing the inaction to continue, the respondents cannot unilaterally act or deal with the subject matter of the property. After perusing the material available on record to give quietus to the uncertainty in the matter and also enable the petitioners to appreciate where they stand, I am satisfied that the writ petition can be disposed of by this order.

(a) The 3rd respondent is directed to consider and pass orders on the representations dated 09.02.2017 and 11.02.2017 within three weeks from the date of receipt of a copy of this order; (b) The petitioners are given liberty to communicate the copy of this order along with their representation and

the documents on which the petitioners are relying upon, within two weeks from today;

(c) The 3rd respondent is directed to afford opportunity of hearing to the petitioners before a decision is taken in this behalf;

(d) This court, except directing the 3rd respondent to consider and pass orders on the representations dated 09.02.2011 and 11.02.2017, has not considered the rival claims, and they left open for consideration by the 3rd respondent or by the competent court.

3. The writ petition is, accordingly, disposed of. No order as to costs. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence.

____________ S.V.BHATT, J Date: 06.06.2017 Note: Furnish CC in two days (BO) BSS

HON'BLE SRI JUSTICE S.V. BHATT URGENT Writ Petition No.12407 of 2017 Date: 06.06.2017 BSS