Smt.Akula Vimalamma v. The State Of Telangana

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.14415 OF 2017 ORDER:

This writ petition is filed challenging the Memo No.B//1372/2016 dated 26.07.2016 issued by the 4th respondent refusing to issue pattadar passbook and title deeds in favour of the petitioner duly mutating her name in revenue records in respect of the land admeasuring AC.2-20 gts each total admeasuring Ac.5-00 guntas situated at Maqdumpally Village, Bibinagar Mandal, Nalgonda District by deleting the names of the respondents 6 and 7, as illegal and arbitrary and for a consequential direction to set aside the same. Learned counsel for the petitioner submits that impugned order is passed without issuing notice to the petitioner and without conducting enquiry as envisaged under Section 5 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971.

Learned Assistant Government Pleader for Revenue submits that petitioner has alternate remedy of appeal against the impugned order, as such writ petition cannot be entertained.

A perusal of the impugned order goes to show that no notice was issued to the petitioner before passing the same. In view of the same, only on the ground of violation of principles of natural justice, the impugned order is set aside and the 4th respondent is directed to reconsider the application

of the petitioner dated 20.06.2016 and pass orders after issuing notice to the petitioner as well as unofficial respondents. Accordingly, the writ petition is allowed to the extent indicated above. No costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 21.04.2017 dv