Mohd, Riyazuddin S/O.Late Fayazuddin v. State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.10203 OF 2017 ORDER:

This writ petition is filed challenging the order dated 02.03.2017 passed by the 3rd respondent, wherein the 3rd respondent suspended the mutation proceedings dated 03.11.2016 issued in favour of petitioners, only basing on the representation submitted by the 5th respondent.

This Court has granted stay on 23.03.2017.

Learned counsel for the petitioner as well as learned Assistant Government Pleader for Revenue states that the impugned order can be set aside granting liberty to the 5th respondent to file regular appeal before the 3rd respondent challenging the proceedings dated 03.11.2016 issued by the 4th respondent.

Heard Sri Y. Rama Rao, learned counsel for the 5th respondent. A reading of the impugned order goes to show that on mere letter, appeal has been entertained and impugned order is passed without notice to the petitioner. In 2017(1) ALD 406, this Court held that appeal filed not in accordance with Section 5(5) cannot be entertained merely basing on the report submitted by Tahsildar. In view of the above, the writ petition is allowed setting aside the impugned order dated 02.03.2017 passed by the 3rd respondent. It is open for the 5th respondent to file appeal against the proceedings dated 03.11.2016 issued by the 4th respondent. However, this order will not preclude the 3rd respondent from entertaining the regular appeal filed by the 5th respondent against proceedings dated 03.11.2016 issued by the 4th respondent. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_____________________________ A.RAJASHEKER REDDY, J 20.04.2017 tk