High Court for State of TelanganaWP/28594/2015disposed of no costs

Rafat Begum v. The State Of Telangana,

2015-09-18Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 28594 of 2015 BETWEEN Rafat Begum ... PETITIONERS AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department and others ...RESPONDENTS Date of Order pronounced: 18.09.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?

ORDER:- In spite of two adjournments, learned government pleader is unable to

get instructions.

2. This writ petition appears covered by orders of this court in W.P.No.6311 of 2015 dated 17.03.2015 inasmuch as the impugned notice herein also does not give details of the assignee and the date of assignment.

3. Following the aforesaid judgment, therefore, this writ petition is disposed of reiterating the operative direction in the aforesaid writ petition. "Inasmuch as the notice issued by the 2nd respondent is not in conformity with the mandatory requirement as held by this court in Dasari Narayana Rao and another v. Deputy Collector and Mandal Revenue Officer, Serlingampalli, R.R.district and others[1], no action can be initiated against the petitioner. However, considering the facts and circumstances of the present case, liberty is given to the 2nd respondentTahsildar to issue a supplementary notice to the petitioner setting out all the details as to how and in what manner the land was assigned and in whose favour it was assigned, and if so, what are the violations of the assignment conditions etc. Thereafter, the 2nd respondent shall give adequate opportunity to the petitioner to submit her representation before passing orders on merits."

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J September 18, 2015 LMV [1] 2010(6) ALD 536