Telangana High Court

WP/27678/2007 of Kuruwa Narsimulu, Vs The Tahsildar, on 26 December 2007

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SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.27678 OF 2007 Date: 26.12.2007. Between: Kuruwa Narsimulu, S/o.Chinnaiah and another. …Petitioners. and The Tahasildar, Bhoothpur Mandal, Bhoothpur, Mahabubnagar District and another. …Respondents THE HON’BLE SRI JUSTICE

THE HON’BLE SRI JUSTICE V.ESWARAIAH

WRIT PETITION NO.27678 OF 2007

Date: 26.12.2007.

Between:Kuruwa Narsimulu, S/o.Chinnaiah and another.

…Petitioners.

and

The Tahasildar, Bhoothpur Mandal,Bhoothpur, Mahabubnagar District and another.

…Respondents

THE HON’BLE SRI JUSTICE V.ESWARAIAH

WRIT PETITION NO.27678 OF 2007

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ORDER:

It is the case of the petitioners that their father wasassigned an extent of Acs.3.12 guntas of land in Survey No.130 ofPothulamadugu Village, Bhoothpur Mandal, Krishna District in theyear 1956. The father of the petitioners had three sons i.e. boththe petitioners herein and one more and each of them, being thesons of the original assignee, got Acs.1.04 guntas in the saidassigned land on succession/inheritance. While so, theTahasildar, Bhoothpur Mandal issued impugned noticeNo.A/5128/2007, dated 10.12.2007, stating that the said assignedland of an extent of Ac.1.04 guntas is required for the publicpurpose and the petitioners will be paid ex gratia as perG.O.Ms.No.1307, dated 23.12.1993 and accordingly, called uponto file their objections in the matter within 15 days from the date ofreceipt of the said notice.

It is stated that the petitioners have not filed anyobjections on any account to the said notice. As the impugnednotice is only a show cause notice calling upon objections, withoutfiling any objections, it is not just and proper on the part of thepetitioners to contend that the objections are called for only for thepurpose of payment of ex gratia, but not for any other purpose.

Having regard to the facts and circumstances, thepetitioners are permitted to file objections to the said notice, dated10.12.2007, within a period of one week from today and if anyobjections are filed within one week from today, respondent No.1shall consider and dispose of the said objections by passing areasoned order and till then the petitioners shall not bedispossessed.

Accordingly, the Writ Petition is disposed of. No order as to costs.

___________________

V.ESWARAIAH, J.

Date:2612.2007. Note: Issue C.C.in two days. (B/o) GS

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