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High Court for State of TelanganaWP/38704/2018disposed of no costs

Sri Mohammed Abdul Hafeez v. The State Of Telangana

2019-03-12Sanjay Kumar2 pages

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON NO.38704 OF 2018

O R D E R

The prayer of the petitioners in this case reads as under: 'For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 3rd Respondent in not issuing the Occupancy Rights Certificate (ORC) in respect of the land in New Sy. No.5, (Old Sy.N0.40 & 41) admeasuring Ac. 23-19 gts, situated at Pan Maqtha Village, Alijahpur, Neknampura, Rajendra Nagar Mandal, Ranga Reddy District, inspite of submitting the written Application dt. 09-07-2018 U/sec.4 of the (Adoption Orders 2015 Act) Telangana Area Inam Abolition Act, 1955, as being illegal and arbitrary and violation of Principles of Natural Justice and guaranteed under Article 21 and 300-A of the Constitution of India and also contrary to the orders passed in W.P. No. 821 of 2015 dt. 19-04-2016 and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.'

Despite the matter undergoing as many as four adjournments since October, 2018, the learned Assistant Government Pleader for Revenue, State of Telangana, confesses that no instructions have been furnished to him by the revenue authorities.

Perusal of the petitioners' application dated 09.07.2018 reflects that the same was received by the Office of the Revenue Divisional Officer, Rajendranagar Division, Ranga Reddy District, on 09.07.2018. Having received such an application, it is not open to the authority to remain somnolent.

The writ petition is accordingly disposed of directing the Revenue Divisional Officer, Rajendranagar Division, Ranga Reddy District, to take appropriate action on the petitioners' application dated 09.07.2018 in accordance with the due procedure expeditiously and in any event, not later than six weeks from the date of receipt of a copy of this order, be it from whatever source.

Pending miscellaneous shall stand closed in the light of this final order. No order as to costs.

_______________ SANJAY KUMAR, J 12th MARCH, 2019 Svv