Sri. G. Veera Swamy v. The State Of Telangana
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 35113 of 2018 ORDER:
1) Heard learned counsel for the petitioners 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 proceedings No.C/1556/2018, dated 12.09.2018, passed by respondent No.2, as illegal and arbitrary.
3) Learned counsel for the petitioner mainly submits that a reading of the order, passed by the Tahsildar, does not anywhere indicates giving appropriate reasons for directing the petitioner to vacate the land and directing the Girdhavar1 to take over possession of the land into Government custody.
4) Though various grounds are raised to show as to how the impugned order is illegal, but it is to be noted here that against the order of the Tahsildar, as per the provisions of Telangana Assigned Lands (POT) Act, 1977, an appeal would lie before the Revenue Divisional Officer, under Section 4 of the Act. When the same was brought to the notice of the counsel for the petitioners, he submits that there is every
likelihood of respondents dispossessing the petitioners from the property and hence pleads to protect their interest. 5) Having regard to the above, the petitioners, if so advised, shall prefer an appeal against the order passed by the Tahsildar before the competent authority, under the provisions of the Act, in which event, the same shall be dealt with, in accordance with law. It is needless to mention that the petitioners can also make an application seeking interim relief before the competent authority. Further, having regard to the apprehension expressed by the learned counsel for the petitioners, status-quo as on today, to be maintained, with regard to possession of the property in dispute, for a period of four weeks from today.
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 28.09.2018 vhb