Juvvadi Educational Trust, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.47715 of 2018 ORDER:

The petitioners seek a direction to the revenue authorities to take appropriate action on the instructions issued by the Collector, Karimnagar District, to the Revenue Divisional Officer, Karimnagar, under letter dated 19.07.2018 and the consequential directions given by the Revenue Divisional Officer, Karimnagar, to the Tahsildar, Thimmapur, under letter dated 26.07.2018. The directions issued by the aforestated authorities under their respective letters dated 19.07.2018 and 26.07.2018 relate to the alleged violations by various parties of the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act of 1977').

Learned Assistant Government Pleader for Revenue, State of Telangana, would point out that the petitioners themselves suffered resumption orders under the provisions of the Act of 1977 but the matter is pending consideration before the Government and they are continuing in possession by virtue of the orders passed by the Government. He would further point out that though the petitioners seek action to be taken against various persons, they have not been impleaded as parties in this writ petition.

As this Court does not propose to go into the merits of the allegations made against the various unnamed parties, and the letters dated 19.07.2018 and 26.07.2018 issued by the District Collector, Karimnagar, and the Revenue Divisional Officer, Karimnagar, respectively, only require adherence to the due procedure laid down by law while taking action as per the Act of 1977, it would not be necessary for this Court to insist upon any affected party being brought before it as a

condition precedent for disposal of this writ petition. The authorities are bound to give effect to the Act of 1977 irrespective of who brings the alleged violations thereof to their notice.

The writ petition is accordingly disposed of directing the Tahsildar, Thimmapur Mandal, Karimnagar District, to take appropriate action, as warranted, in accordance with the due procedure laid down by law in relation to the alleged violations set out under the letters dated 19.07.2018 and 26.07.2018 of his superiors. This exercise shall be initiated expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR Date:11.02.2019 GJ