.Nimmathi Chandraiah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.43731 OF 2016 ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. With their consent, the present writ petition is disposed of at the admission stage.

2.

The present writ petition came to be filed with the following prayer:

"....to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 in issuing the notices under format II dated 30.11.2016 and also notice No.C/2704/2016 dated 30.11.2016 U/s 3 of Telangana Assigned Lands (Prohibition of transfer) Rules 2007 regarding the land in survey No. 146 extent Ac 1.00 gts situated at Mandamarri village and Mandal, Mancherial District without giving any details as arbitrary and illegal and also violative of the Articles 14, 16 and 300A of the Constitution of India and also contrary to provisions of the Andhra Pradesh Assigned Lands (Prohibition of transfer) Act 1977 and also contrary to the orders of this Hon'ble Court consequently set aside the same."

3.

At the time when the matter is taken up for hearing, learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by a judgment of this court in W.P.No.43357 of 2016.

4.

Learned Government Pleader for Revenue did not dispute.

CPK,J WP_43731_2016 5.

Having regard to the submissions made and in view of the judgment dated 14.12.2016 in W.P.No.43357 of 2016 passed by this Court, the impugned notice is set aside as it is bereft of the basic jurisdictional facts necessary for the petitioners to give an effective reply thereto. It is made clear that the order now passed by this Court shall not preclude the 2nd respondent from issuing a notice afresh furnishing all the basic jurisdictional facts necessary for invoking his jurisdiction under the A.P. Act 9 of 1977; and take action, thereafter, in accordance with law.

6.

Accordingly, the Writ Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:16.12.2016 INL