High Court for State of TelanganaWP/24936/2016disposed of no costs

Nallapothula , Peddamukkula Balapeeru, v. The State Of Telangana, Rep. By Its Principal Secretary,

2016-08-18A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.24936 OF 2016 ORDER:

The case of the petitioners is that the 3rd respondent issued proceedings dated 17.05.2016 to the petitioners calling for objections to be filed if any in respect of orders dated 30.04.2016 passed by the Revenue Divisional Officer for mutation of the name of the 4th respondent in the revenue records. In pursuance to the same, though petitioners filed their objections, the 3rd respondent is not receiving the same. Aggrieved by the same, the present writ petition is filed. Learned Assistant Government Pleader for Revenue submits that the Revenue Divisional Officer has set aside the earlier orders passed by him vide proceedings dated 07.08.2009 in the appeal filed by the 4th respondent vide Appeal No.D/1185/2014, dated 30.04.2016. In pursuance to the said order, mutation was affected in favour of the 4th respondent. Though the matter is not remanded to the 3rd respondent, it is not known how he has issued the notice dated 17.05.2016 to the petitioners calling for objections.

In this case, it is to be seen that the 3rd respondent issued notice dated 17.05.2016 in pursuance to the order dated 30.04.2016 passed by the RDO calling for objections.

A perusal of the order dated 30.04.2016 does not indicate the matter was remitted to the 3rd respondent, it is not known how the 3rd respondent issued notice dated 17.05.2016. when the matter is not remanded to the 3rd respondent, the question of issuance of notice by the 3rd respondent does not arise. Since it is stated that the petitioners have already filed Revision against the order dated 30.04.2016 passed by RDO, the Revision authority may dispose of the same in accordance

with law after issuing notice to the affected parties. With the above direction, the writ petition is dismissed. No costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 18-08-2016 dv