Suddapally Posani v. State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 34403 of 2018 ORDER:

1) Heard learned counsel for the petitioner and learned Government Pleader for Revenue. With the consent of both the parties, the writ petition is disposed of at the admission stage itself.

2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of respondent No.3 in issuing impugned notice No.B/985/2018, dated 24.04.2018, under Form-I, in the name of a dead person, who is original assignee in respect of land admeasuring Acs.2.06 guntas, in Survey No.102 situated at Mamidipally village, Armoor mandal, Nizamabad District, as illegal and arbitrary.

3) Learned counsel for the petitioner mainly submits that the petitioner is the daughter of the original assignee, who is no more. It is the case of the petitioner that a notice in form-I came to be issued by the third respondent in the name of the original assignee, who died long back, seeking explanation as to why the assignment should not be cancelled and the land be resumed to Government. 4) Learned Government Pleader for revenue would submit that if proceedings are not yet concluded, the petitioner may be directed to treat the impugned notice as notice issued to

her and then submit an explanation, within a week or ten days.

5) Having regard to the above, if the proceedings have not yet come to an end, pursuant to Form-I notice issued to the father of the petitioner, the petitioner is permitted to give an explanation by treating the impugned notice as notice issued to her, within a period of ten days from today, in which event the same shall be dealt with in accordance with law. 6) With the above direction, the writ petition is disposed of.

7) Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. _______________________________ JUSTICE C. PRAVEEN KUMAR 25.09.2018 vhb