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High Court for State of TelanganaWP/24589/2017disposed of no costs

Chellamsetti Sri Latha, v. The State Of Telangana,

2017-07-25S.V.Bhatt3 pages

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.24589 of 2017 ORDER:

The petitioner challenges notice in Lr.No.L/ 14/ 2017, dated 24.06.2017, which reads thus:-.

" Lr.No.L/ 14/ 2017 Office of the Revenue Divisional Officer, Malkajgiri Division, Medchal, Malkajgiri District.

Dated: 24-06-2017 N O T I C E Sub:- Law & Order - Medchal - Malkajgiri Dist - Malkajgiri Division - Kompally Village of Dundigal - Gandimaisamma Tahsil, A/ o.Inspector of Police (SHO) Pet - Basheerabad, Cyberabad - requested to issue Order U/ s.145 Cr.P.C. on the disputed over the land in 36/ part 40, 41, 42, 43 Sy.No.35/ part & 65/ part of Kompally Village - Reg. Ref:- 1)SHO, Inspector of Police (PS) Pet Basheerabad, Cyberabad, Lr.No.02/ P1/ Cyb/ 2017, dt:04.01.2017.

2) District Collector Medchal, District Grievance Cell, No.MRDOM/ E/ 17/ 00002, dt.19-12-2016.

3) Tahsildar Quthbullapur Thasil.

4) The office Notice dt:17-06-2017 & 24-06-2017. * & * & * Take notice that you are hereby informed that the case is posted for hearing on 04-07-2017 at 11:00 am, before the Revenue Divisional Officer, Malkajgiri, at Vayupuri Colony Road No.1, Sanikpuri Plot No.48, Sec-Bad.

You are therefore directed to appear in this Court on the said date and time either in person or through counsel along with relevant records in support of your claim failing which the matter will be decided basing on the material available on record." Learned counsel for petitioner confines the challenge on the arbitrary exercise of jurisdiction by 2nd respondent.

The notice is challenged principally on two grounds, firstly the notice does not refer to the aspects on which enquiry is sought to be conducted and secondly, sufficient time is not given in the enquiry conducted in this behalf. Therefore, the petitioner requests for grant of sufficient time and fair opportunity before 2nd respondent.

The Assistant Government Pleader for Revenue does not oppose the request.

The writ petition is disposed of by this order. (a) The petitioner is given three weeks time from today to file objections before the 2nd respondent by enclosing a copy of this order. (b) The 2nd respondent receives objections of the petitioner and proceeds in the matter in accordance with the A.P.Rights in Land and Pattadar Pass Books Act, 1971.

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

____________ S.V.BHATT, J Date: 25.07.2017 Prv

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No. 24589 of 2017 25-07-2017 Prv