P.Malla Reddy v. State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.34006 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the 3rd respondent-Tahsildar, in exercising powers under Section 5-A of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, "the Act"), to regularize the deed of agreement of sale in favour of 4th respondent under proceedings No.C/2329/1/92 dated 23.9.1995, in respect of the land admeasuring Ac.11.39 gts, situated at Sy.No.684 of Gundlapochamapally Village, Medchal Mandal and District, as illegal and arbitrary.

When the matter is taken up for hearing, learned Government Pleader for Revenue, would submit that there is a provision of filing an appeal against the impugned proceedings and the petitioner may be directed to avail the remedy of appeal against the impugned proceedings before the competent authority under Section 5-A of the Act. Learned counsel for the petitioner submits that there is every possibility of respondents alienating the subject property to the third parties in the near future, in view of the dispute raised by the petitioner.

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the petitioner to avail the remedy of filing the appeal against the impugned proceedings before the competent authority, under Section 5-A of the Act, in respect of the subject property, in which event, the concerned authority, shall deal with the same and pass appropriate orders, in accordance with law, as early as possible, preferably within a period of four to five weeks, from the date of filing of the appeal, after giving reasonable opportunity of hearing to the petitioner and all concerned. Having regard to the apprehension expressed, status quo, in all respects, with regard to the subject property, shall be maintained for a period of four weeks from today.

With the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:20.09.2018.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.34006 OF 2018 Date:20.09.2018 Gk