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High Court for State of TelanganaWP/10917/2015withdrawn

Talla Eswar Goud,And 11 v. State Of Telangana,Prl.Scy,Revenue,Hyd,And 4

2018-02-16A Ramalingeswara Rao5 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE THIRTIETH DAY OF APRIL, TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WP .NO: 10917 of 2015 Between:

1 Talla Eswar Goud S/o Veeraiah, 2 Talla Laxman Goud S/o Veeraiah, 3 Talla Amruth Goud S/o Veeraiah, 4 Talla Janga Goud S/o Veeraiah, 5 Talla Narsing Goud. S/o Veeraiah, 6 Talla Krishna Goud S/o Veeraiah, 7 Talla Swamy Goud S/o Ramulu Goud @ Ramaiah, 8 Talla Janga Goud S/o Late Anjaiah Goud, 9 Talla Narsing Goud S/o Ramulu, 10 Talla Eswar Goud, S/o Narasimha Goud @ Narasa Goud 11 Nandigam Prahhu Goud S/o Late Venkaiah Goud, 12 Nandigam Govardhan Goud S/o Late Venkaiah Goud ..... Petitioners AND 1 The State of Telangana, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2 The District Collector, Medak District, Sanga Reddy. 3 The Revenue Divisional Officer, Ramachandrapuram, Medak District 4 The Mandal Revenue Officer, Ramchandrapuram, Medak District. 5 The Managing Director, Telangana State Industrial Infrastructure Corporation, 6th Floor, Parisrama Bhavan, Basheerbagh, Hyderabad. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the Respondent No.5 in making attempts to dispossess the Petitioners from their respective agriculture lands for the purpose of laying the road through their lands in Sy.Nos.434/1 an extent of Ac.20.22 gts, and in Sy.No.

315 an extent of Ac.1-00 gts, total an extent of Ac.21-22 gts of Velimela Village, Ramachendrapuram Mandal, Medak District, State of Telangana, and the Respondent No.1 to 3 till now did not grant Pattas to the Petitioners, though as per the directions of this Hon'ble Court orders made in WP.No.757 of 1996 dated 24-01-1996, the then 4th Respondent conducted the enquiry and submitted the Report on 27-11-1997 to the 2nd Respondent and he declared that in his enquiry report, the Petitioners are eligible for assignment of the lands, after receipt of the report also without granting the pattas the Respondent No.

and consequently direct the Respondents No.1 to 3 grant the Pattas to the Petitioners with out dispossess the Petitioners from their respective lands in Sy.Nos.434/1 an extent of Ac.20.22 gts and in Sy.No.315 Ac.1-00 gts, total an extent of Ac.21-22 gts of Velimela Village, Ramachendrapuram Mandal, Medak District, State of Telangana.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Ch. Vidyasagar, Advocate for the Petitioners, G.P. for Revenue (TG) for Respondent Nos.1 to 4 and Sri L. Prabhakar Reddy, Standing Counsel for Respondent No.5, the Court made the following ORDER:

In the light of the written instructions of the 4th respondent-Tahsildar stating that the petitioners earlier filed W.P.No.10917 of 2015 and the same came to be disposed of 20.01.2011 on the ground that the petitioners were not in possession as the land was handed over to the APIIC in the year 1987, the matter requires a detailed counter by the respondents. However, in the facts of the present case, I am not inclined to pass any ex parte order in the light of the categorical averment made on behalf of the respondents. However, in the event these instructions proved to be wrong, the respondent authorities would be liable to be prosecuted for perjury for making false statement before the Court. Post after vacation.

ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Revenue Department, State of Telangana, Secretariat, Hyderabad.

2 The District Collector, Medak District, Sanga Reddy. 3 The Revenue Divisional Officer, Ramachandrapuram, Medak District 4 The Mandal Revenue Officer, Ramchandrapuram, Medak District. 5 The Managing Director, Telangana State Industrial Infrastructure Corporation, 6th Floor, Parisrama Bhavan, Basheerbagh, Hyderabad. (Addressees 1 to 5 BY RPAD) 6 One CC to Sri Ch. Vidyasagar, Advocate (OPUC) 7 Two CCs to the G.P. for Revenue (Telangana), High Court, Hyderabad. (OUT) 8 One spare copy.

nnr

HIGH COURT CKR,J DATED: 30-4-2015 NOTE: Post after vacation

ORDER

W.P.NO. 10917 OF 2015 DIRECTION

HIGH COURT Nnr Date of Drafting : 08-05-2015 CKR,J DATED: 30-4-2015 NOTE: Post after vacation

ORDER

W.P.NO. 10917 OF 2015 DIRECTION