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High Court for State of TelanganaWP/4023/2015disposed of no costs

Godasu Gopal v. The State Of Telangana, Rep By Its Principal Secretary To

2015-03-09Challa Kodanda Ram3 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 4023 of 2015 DATE: 09.03.2015 Between:

Godasu Gopal and eight others .. Petitioners And

1. The State of Telangana

2. The District Collector

3. The Special Grade Deputy Collector & RDO .. Respondents

O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 3rd respondent-Special Grade Deputy Collector-cum-Revenue Divisional Officer in not disposing of the application dated 27.08.2010 submitted by the petitioners for issuance of 38-E Certificate in respect of the land admeasuring Ac.20.00 guntas in Sy.Nos. 272 to 283 situated in Kongara Kalan village, Ibrahimpatnam Mandal, Ranga Reddy District, as illegal and arbitrary and for a consequential direction to the 3rd respondent to pass orders on the representation taking into consideration the orders dated 19.03.1980 passed by this Court in C.R.P.No. 5275 of 1978.

The learned Government Pleader for Revenue appearing for the respondents has submitted that necessary instructions and relevant record are awaited from subordinate officials and as soon as they are received, the request of the petitioners would be considered.

The learned counsel for the petitioners has submitted that the subject matter in this writ petition is identical to the issue involved in W.P.No. 31226 of 2014 and the petitioners therein are some of the parties who made representation dated 27.08.2010 to the 3rd respondent, as such, the order passed in W.P. No. 31226 of 2014 may be passed in the

present writ petition also.

In view of the submission made by the learned counsel for the petitioners and following the order dated 07.11.2014 passed by this Court in identical matter i.e. W.P.No. 31226 of 2014, this Court is inclined to dispose of the writ petition with the following directions:

"The 3rd respondent - Special Grade Deputy Collector-cum-Revenue Divisional Officer is directed to deal with the representation dated 27.08.2010 said to have been made by the petitioners for grant of certificate under Section 38-E, in accordance with law by passing a speaking order after providing necessary opportunity to the parties concerned, as expeditiously as possible, preferably before the end of May, 2015."

In terms of the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to the disposal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

A copy of the order dated 07.11.2014 passed by this Court in W.P.No. 31226 of 2014 shall be appended to this order.

_______________________ CHALLA KODANDA RAM, J 09.03.2015 bcj