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Telangana High Court

Kavali Srinivas vs The State Of Telangana on 6 November, 2018

         HON'BLE SRI JUSTICE A.RAJASHEKER REDDY


               WRIT PETITION No.39845 of 2018
ORDER:

The case of the petitioners is that they were granted lavoni patta granted by respondents in proceedings No.B/4397/2002, dated...12-2002 to an extent of Ac.1-00 and 2.00 guntas in sy.No.30 situated at Osman Nagar Village and right from 2002 onwards, they have been cultivating the lands and they are in possession and enjoyment of the same as per pattas granted by respondents. That the petitioners received show-cause notices dated 28-09-2018 under Section 7 of Andhra Pradesh Act III of 1905 and they submitted explanations dated 13-10-2018 and 15-10-2018 respectively stating that after obtaining lavoni patta from the Government, they are cultivating the subject lands. That very issuance of show-cause notice dated 28-09-2018 by the 3rd respondent is illegal and without application of mind, since all the petitioners are possessing lavoni patta granted in the year 2002 and they never violated the conditions of patta granted by the respondents. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioners who submits that inspite of submitting explanations by the petitioners that they have been granted pattas in respect of subject lands and without passing any orders, the respondent- 2 authorities are trying to dispossess the petitioners from the subject lands.

On the other hand, learned Assistant Government Pleader for Revenue submits that only show-cause notice was issued and extents for which petitioners were granted pattas are differing with the extents mentioned in show-cause notice issued to the petitioners.

It is to be seen that since the petitioners have already submitted their explanations to the show-cause notices on 13-10-2018 and 15-10-2018 respectively, the 3rd respondent is directed to consider the same and pass orders after considering the objections of the petitioners on merits. Till passing of final orders, status-quo regarding possession in respect of subject lands shall be maintained.

With the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A.RAJASHEKER REDDY,J 06-11-2018 Nvl