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High Court for State of TelanganaWP/22690/2017allowed no costs

Mettu Narsimhlu, v. The State Of Telangana,

2017-07-11A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.22690 of 2017 ORDER:

Heard the learned Counsel for the petitioners and the learned Government Pleader for respondents.

The petitioners claim to be successors of the original assignees of the land situated in Ramayampet Village and Mandal in Medak District. Various extents of land was given on assignment to the predecessors in interest of the petitioners. Due to the death of the original assignees, the petitioners continued to be in possession of the said land and the petitioners are not the purchasers. However, when the present proceedings were taken in the name of the original assignees alleging that there is violation of the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, the present Writ Petition was filed.

It is submitted by the learned Counsel for the petitioners that when the present action was initiated in December 2016, the petitioners and another submitted a detailed representation to the Revenue Divisional Officer, Medak, on 07.07.2017 stating that they are the successors of the original assignees and they have been cultivating the land for the last fifty years. It is also stated that if the Government wanted any land, they can take uncultivable land, but they shall not be harassed with various proceedings.

This Court carefully verified the notices and other record and came to the prima facie conclusion that the petitioners are successors to the original assignees. However, the record has to be verified by the concerned authority.

In the circumstances, this Writ Petition is allowed and respondent Nos.3 and 4 are directed to consider the representation of the petitioners dated 07.07.2017 submitted to the third respondent and issue appropriate notices if they wanted to take any action, or if they are satisfied that the petitioners are the successors of the original assignees, they shall withdraw the impugned notices and communicate the same to the petitioners. In view of the present disposal of the Writ Petition, respondent Nos.2 to 4 shall not take further steps for eviction of the petitioners without passing a reasoned order. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs. ________________________________ (A.RAMALINGESWARA RAO, J) 11.07.2017 vs