IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27058 of 2014 Between:
Obu Subbarayudu, S/o. Late Obu Bala Subbaiah, Aged about 75 years, Occ: Agriculture, R/o. J. Kothapalli Village, C.K. Dinne Mandal, Y.S.R. District & 4 others .. Petitioners AND The Government of A.P., Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27058 of 2014 ORDER:
Deed of Partition, dated 06.08.2014, presented by the petitioners was received and assigned P.No.129 of 2014 and on 08.08.2014, a notice is issued calling upon the petitioners to submit explanation. The said notice is challenged in this writ petition.
2. Learned counsel for the petitioners submits that though it is termed as a notice, it is nothing but a decision already taken and what is considered is only an empty formality. As it is only a show cause notice, the petitioners are at liberty to submit explanation including on the issue of the validity of the proceedings communicated by the Tahsildar as not commensurate with the mandate of Section 22-A of the Registration Act, 1908. It is needless to observe that the explanation submitted by the petitioner shall be considered objectively and with an open mind, without regard to the expression of words used in the notice. A decision to this effect shall be taken objectively and the same should be communicated to the petitioners. The petitioners are given liberty to submit such explanation within a period of one (1) week from the date of receipt of a copy of this order and on such receipt of explanation, the Sub-Registrar, Kadapa (Rural), Y.S.R. District (5th respondent) shall take a decision and communicate the same to the petitioners within a period of two (2) weeks from the date of receipt of such explanation.
3. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 12th September, 2014 Note: Issue C.C. in three (3) days. (B/o.) KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27058 of 2014 Date: 12th September, 2014 KL