Duggidevara Samrajyam, W/O. Late Narsaiah, v. The State Of Telangana, Rep. By The Principal Secretary,
HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.27215 of 2017 ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for respondents. 2.
Petitioner's grievance is that a show cause notice had been given on 02-11-2015 to the petitioner by 3rd respondent on behalf of 2nd respondent under Section 166-B of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli (for short 'the Act'); petitioner had given explanation thereto; that arguments were heard by 2nd respondent on 29-07-2017; and that without passing a final order by 3rd respondent, 2nd respondent had issued another notice on 20-072017 purporting to exercise power under Section 166-B of the Act again.
3.
The learned Government Pleader for Revenue states that the said show cause notice dt.20-07-2017 is in continuation of the show cause notice dt.02-11-2015 issued by 3rd respondent, 4.
Learned counsel for the petitioner states that the very exercise of power under Section 166-B is without jurisdiction. 5.
It is not the case of the petitioner that some other authority is vested with the jurisdiction under Section 166-B and not 2nd respondent. So this plea cannot be accepted.
MSR,J W.P.No.27215 of 2017 6.
Therefore granting liberty to the petitioner to give explanation to the show cause notice dt.20-07-2017 issued by 2nd respondent within three weeks from the date of receipt of a copy of this order and the 2nd respondent is directed to pass orders after providing a personal hearing also to the petitioner within eight weeks from the date of submission of explanation by the petitioner to the show cause notice dt.20-07-2017. It is made clear that if no explanation is furnished by the petitioner within the time aforesaid, it is open to 2nd respondent to proceed with ex parte order. 7.
With the above directions, the Writ Petition is disposed of. No costs.
8.
As a sequel, the miscellaneous petitions, if any pending, shall stand closed.
__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 30-10-2017 kvr