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(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIFTH DAY OF APRIL

TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 11769 OF 2023

Between:

Khaja Miya Alias Mohammed Khaja Miya, S/o Shaik Ali.

Petitioner

AND

• 1. The State of Telangana, rep.by its Principal Secretary to Revenue, Secretaria, BRKR Bhavan, Tankbund, Hyderabad.
• 2. The District Collector, Vikarabad District.
• 3. The Revenue Divisional Officer, Vikarabad, Vikarabad District.
• 4. The Tahsildar, Mominpet Mandal, Mominpet, Vikarabad District.
• 5. Potluri Suresh Kumar, S/o Not Known to the petitioner, R/o.Enkantala Village, Mominpet Mandal, Vikarabad District, Telangana.

Respondents

WHEREAS the Petitioner above named through his Advocate Sri. KHAJA MOINUDDIN presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus declaring the action of the 2nd Respondent in not cancelling and revoking the pattedar passbook bearing no. T07110202255 and Khata No. 60916 in Survey No. 179/4, admeasuring Ac.2.00.Guntas standing in the name of 5th Respondent which documents has been issued without following due process of law in favour of the 5th Respondent, inspite of the written representation of the petitioner dated 23/2/2023 which was acknowledged by the 2nd Respondent on 23/2/2023, as illegal, arbitrary, unjust and also against the provisions of TS Assignment Act 1977 and Rules, and in violation of Article 14,16, 21 and 300 A of Constitution Of India;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri KHAJA MOINUDDIN Advocate for the Petitioner and Learned Assistant Government Pleader for Assignment accepts notice on behalf of respondent Nos.1 to 4, directed issue of notice to the Respondent No.5 herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

Potluri Suresh Kumar, S/o Not Known to the petitioner, R/o.Enkantala Village, Mominpet Mandal, Vikarabad District, Telangana.

are directed to show cause on or before 12.06.2023 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 to 4 to take immediate steps for cancellation and revocation of pattedar passbook bearing no. T07110202255 and Khata No. 60916 in Survey No. 179/4, admeasuring Ac.2.00.Guntas standing in the name of 5th Respondent pattedar passbook bearing no. 107110202255 and Khata No. 179/4, admeasuring Ac.2.00.Guntas standing in the name of 5th Respondent pattedar passbook bearing no. 107110202255 and Khata No. 60916 in Survey No. 179/4, admeasuring Ac.2.00.Guntas standing in the name of 5th Respondent forthwith, pending disposal of WP No. 11769 of 2023, on the file of the High Court.

The Court made the following: ORDER:

Learned Assistant Government Pleader for Assignment accepts notice on behalf of respondent Nos.1 to 4 and seeks time to get instructions / file counter.

Notice to respondent No.5.

Personal notice is permitted.

Learned counsel appearing for the petitioner shall file proof of service.

List on 12-06-2023.

To show that petitioner is absolute owner and possessor of land admeasuring Ac.2-00 gts., in Sy.No.179/4 situated at Enkantala village, Mominpet mandal, Vikarabad district, he has filed copies of latest passbook and also old passbook. Even then, respondent No.5 had obtained mutation in respect of the very same property and also trying to alienate the said property.

In view of the same, matter requires examination.

Therefore, respondent No.4 is directed not to entertain any document to be submitted by respondent No.5 in respect of the subject property till 12-06-2023.

SD/- C. PRAVEEN KUMAR ASSISTANT REGISTRAR SECTION OFFICER

//TRUE COPY//

• 1. Potluri Suresh Kumar, S/o Not Known to the petitioner, R/o.Enkantala Village, Mominpet Mandal, Vikarabad District, Telangana. (by RPAD- along with a copy of petition and Affidavit)
• One CC to SRI. KHAJA MOINUDDIN/Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court of Telangana at Hyderabad. [OUT]
• 4. One spare copy

To,

HIGH COURT

KL, J

DATED:25/04/2023

NOTE: LIST ON 12.06.2023

NOTICE BEFORE ADMISSION

ORDER

WP.No.11769 of 2023

DIRECTION