High Court for State of TelanganaWP/30988/2018disposed of no costs

Padidala Ramesh, v. The State Of Telangana,

2018-09-05C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 30988 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not issuing the pattadar pass books and title deeds in favour of the petitioners in respect of land admeasuring Ac.1.00 each in Sy.No.349/ 1/ 3, situated at Pillalamarri Village, Suryapet Mandal, under Rythubandu scheme introduced by the Government of Telangana for updating record of rights in ROR Act, as illegal and arbitrary.

2) Learned counsel for the petitioners mainly submits that though the names of the petitioners are reflected in the pahanies issued in the month of May, 2018, but for the reasons best known pattadar pass books were not issued by the respondents. 3) The Government Pleader for Revenue (TG), placed on record the proceedings dated 14.03.2017, issued by the Tahsildar, Suryapeta Mandal, evidencing that the Government took possession of the property. He further submits that the petitioners herein refused to receive the said proceedings. He placed reliance on the endorsement, made on the reverse of the proceedings, but the same is disputed by the learned counsel for the petitioners stating that there is no service of the order on the

petitioners and as on today the petitioners are in possession of the property.

4) The pahani issued in the month of May, 2018 though is of the year 2017, indicates the names of the petitioners in the possessor column. Infact the endorsement on the reverse of the order shows that when the petitioners refused to receive, the same was affixed on the door and signature of a witness was said to have been obtained evidencing the same, but neither the name nor particulars of the witness was mentioned. Therefore, this Court is of the view that the order taking possession of the land shall forthwith be communicated to the petitioners by Registered Post With Acknowledgment Due, enabling the petitioners to challenge the same, in accordance with law.

5) With the above direction, the Writ Petition is disposed of. 6) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 05.09.2018 gkv