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High Court for State of TelanganaWP/12807/2017disposed of no costs

Manik Rao, v. State Of Telangana Rep. By Its Principal Secretary To

2017-04-11A.Rajasheker Reddy2 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO.12807 OF 2017 O R D E R :

The case of the petitioner is that he participated in the auction conducted on 13.07.2017 by the respondents in respect of the land admeasuring Ac.2-00 and has become the successful bidder and paid total sum of Rs.22,500/- in cash on 13.07.2017 itself and further a sum of Rs.1,27,500/- through cheque drawn on Bank of India, Kachiguda Branch, Hyderabd bearing No.056096 drawn in favour of Collector, R.R.District-3rd respondent, Hyderabad on 18.07.2012. The 3rd respondent encashed the above cheque on 30.07.2012, within the stipulated period of one month. In pursuant to the auction proceedings and having received the entire amount, the respondents 2 to 5 are supposed to issue sale certificates and to deliver the possession. The auction was conducted for four different bits i.e., 0-20 guntas each totally admeasuring Ac.2-00 in S.No.

129/A2, 129/A3, 6, 141 and 164 of Rompally Village belonging to the respondents 6 to 9 and during the auction proceedings, the 5th respondent categorically stated that each bit would have an access road. Meanwhile, aggrieved by the auction proceedings, the respondents to preferred W.P.No.26834/2012 and filed W.P.M.P.No.34178/2012 seeking stay of all further proceedings and obtained stay suppressing the facts. Thereupon, the respondents 3 to 5 filed counter affidavit and also filed vacate stay petition in WVMP.No.511 of 2013. Petitioners also filed WVMP.No.487 of 2013 to vacate the stay in WPMP.No.

2012. But this Court dismissed the WPMP.No.34178 of 2012 for non-prosecution. After dismissal of the same, the petitioner requested the respondents 3 to 5 to initiate appropriate proceedings. In spite of the same, no action has been initiated and W.P.No.26834/2012 was also dismissed on 18.03.2016 for non-prosecution.

Thereafter, petitioner issued notice to respondents 3 to 5 on 29.04.2015 requesting them to issue sale certificates and to handover the possession of the auctioned land. But no action has been initiated by them. Thereafter, again on 03.03.2017, petitioner issued notices to the respondents 2 to 5. Inspite of the same, no action has been initiated by the respondents. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

In view of the above facts and circumstances, the respondents 2 to 5 are directed to take action on the representations of the petitioner dated 29.04.2016 and 03.03.2017 in accordance with law, after issuing notice to the affected parties if any, within a period of two (02) months from the date of receipt of copy of this order.

With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 11.04.2017 dv