High Court · 2025

l5.B.Hanumantha reddy, S/o Gopal reddy Aged about 72 years Occ. retd employee Rl/o H.No 29-7o8, Srinilya colony road No. 4 Badang pet, Saroorngar, Ranga reddy district

16.Bandha Ramnath Reddy, S/o B. Bhoopal Reddy, Aged about 69 years, Occ. retd Employee R:/o 5-70113/32, Plot No.35 and 36 Lolachram nest, Pakalakunta Qutubullapur, Medchal malkajigiri district. .....PETITIONERS AND

1. State of Telangana, rep by its Principal Secretary, Revenue Department Secretariat, Hyderabad.

2. The District Collector, Medchal Malkajgiri District. 3. The Revenue Divisional Officer, Malkajgiri Division, Medchal Malkajgiri District.

4. The Tahasildar, Dundigal Gandimaisamma Mandal Medchal Malkajgiri district. t .....RESPONDENTS 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 writ order or direction more particularly one in the nature of writ of certiorari calling the records relating to proceedings vide No N25012004, dated 23.02.2007 (obtained under RTI Act vide Endorsement No C/550/2024 dated 30.12.2024) issued by the respondent No 4 under the provisions of A.P. Assigned Lands (POT) Act, '1977 to the extent of lands in survey No. 12016 and 120116 situated at Dommara Pochampally Village. Dundigal Gandimaisamma Mandal, Medchal Malkajgiri District and consequently to set aside the same on the ground of violation of principles of natural justice and the same is passed without issuing any hotice under provisions of A.P. Assigned Lands (POT) Act, 1977 to the petitioners who purchased the plots through registered sale deeds and further direct the respondents not to interfere into the possession of the lands. |.A.NO:1 OF 2025 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 suspend the impugned order vide proc No. Al250lO4 daled 23.2.2007 to the extent the lands in survey No. 12016 and 120/16 situated at Dommara Pochampally Village, Dundigal Gandimaisamma Mandal, tvledchal Malkajgiri District. Counsel for the Petitioners : SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondents : AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HOI{'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.17O of 2o25 ORDER: This writ petition is filed with the follo'"r,ing reliel- "--.to bsue urit order or direction nore particularlg one in the nature of writ of erttorai ccrlling the records reldting to proceedings uide No.A/ 25(t/ 2004, dated 23.Orl.2OO7 (obtained under RTI Act uide Endorsement N1.C/55O/2O24 deted 30.12.2024) issued bg the respondent No.4 under the provisiorts of A.P. Assigned Lands (POT) Act, 1977 to the extent of londs in suney Nos.12O/6 and 12O/16 situated at Dommara Pocharnpallg Village, Dund;gal Ganrlimaisamma Mandal, Medclnl Malknjgin Di.stict and cAnsequentlg to set aside the same on tlle grouttd of uiolation of principLes of tah[al justia. and tte same is passer, witltout issuing anu rlotice under proui.siots of A.P.Assignel ktnds (POT) Act, 1977 to the petitioners alD purchased th,.. plots through registe.red sale deeds ortd furtler direct the respondents tLot to interkre inao the posse-ssiott of tlLe larLcls and l'o pass such other order or orders ds this l{on'ble Court noa deems Jit just and proper in the ctrcu.nstances of the c.ese'

2. Considere,l the submissions of the learned counsel for the parties and wittr their consent this r.r.'rit petition is disposed of at the admission stage.

3. It is stated that the petitioners have purchased the plots forming part of survey Nos. 120/6, l2O/7 ar.d l2O/16 in the year 1988 and 1989 under registered sale deeds. The said lands have been resumed by the Government in the year 2OO7 as per the impugned proceedings, dated 23.O2.2OO7 for violation of the conditions.

4. The preser-rt writ petition is filed nearly after 1 8 years on the ground that no notice has been issued to the petitioner as 2 CVBR, J wp_170_2025 prescribed under the rulcs lramed in Telangana Assigned Lands (Prohibition of Transfers) AcL, 1977.

5. According to the learned counsel for the petitioners, the petitioners are in possession as on the date and when the respondent authorities interfered with their possession, they have filed a Writ Petition No.33566 of 2024 on the Iile of this Court and this Court while disposing o[ the said writ petition specifically directed if the petitioners are aggrieved with the proceedings No.Al25Ol2O04, dated 23.O2.2OO7, they are allowed to question the same before the appropriate authority, in accordAnce with law and an observation also made by this Court that the petitioners shall not make any constructions over the subject plots without obtaining any prior permission from the respondent No.2 therein.

6. Even after the said directions, questioning the proceedings issued, the petitioners filed the present writ petition. The present writ petition ftled is misconceived for the reason when the petitioners approached this Court on the ground that the respondents are dispossessing without following t1le due procedure of law, this Court directed the petitioners after obtaining the impugned proceedings, file an appropriate appeal/application on the file of the respondents. But, the petitioners instead of taking recourse to question the impugncd orders before the appropriate a -) CVBR, J wp_170_2025 authorit5r i.e. appellate authorit5r being constituted under the provisions of th.e Act, duly raising all the grounds raised in this writ petition has chosen to file the present writ petition and inviting this Court to examine the records relating to the year 2007 on the ground that no notice has been issued.

7. At this length of time, it is very difficult to examine whether the noLices have been issued to the petitioners and due procedure has been followed or not and since, the petitioner is having an effective alternative remedy, this writ petition is disposed of relegating the petitioner to raise all the grounds available including the violation of the principles of natural justice before the appellate authority, within a period of one month from toda,v. No order as to costs. As a sequel, the miscellaneous petitions, if anv, pending in this writ petition shal1 stand closed. //TRUE COPY// AS \ l\-- SDi- N. RAJ GOPAL GISTRAR ./ OFFICER To - ^r*^-+ aoarolarial State of Telanqana District. at Hyderabad'

1. The Principal Secretary' Revenue Department Secretariat' State of Telang z. ii,.'Oi.tri"t Collector, Medchal Malkajgiri District' 3. The Revenu" oiri.ionui"d#"1r,'rrrt"ir.r]gi ri Divisio n, Ivledchal tt/atkajgiri 4 The Tahasildar, Dundigal Gandimaisamma lr4andal Medchal tulalkaigiri 5 Two CCs to GP FOR REVENUE' High Court for the Staie of Telangana at 6. One CC to SRI GUDI MADHUSUDHAN REDDY' Advocate IOPUC] 7. Two CD Copies HYderabad. [OUTI District. SAI G.lP /,/ HIGH COURI' DATED:031011202s ORDER WP.No.170 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. /b 4z zV-lts ttrt Sl , ( x 0 6 i[Ai z[., t i) OrJDA TcH'