✦ High Court of India · 30 Jan 2025

Nazeer Ahmed v. Revenue, Secretariat HYderabad

Case Details High Court of India · 30 Jan 2025
Court
High Court of India
Decided
30 Jan 2025
Bench
Not available
Length
1,091 words

Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ in nature of writ of of mandamus to declare the illegal action of the Respondent No.2 and 3 in not intimating the Petitioner of his case No. C/4678/1998 by suppressing the file by merely stating file is not traceable by issuing Endorsement dt. 27-03-2024 and Endorsement d|.20-o7-2024 issued by Respondent No. 2 and another Letter vide Lr. No. Letter bearing RTll 19212024 dl. -o8-2O24 issued by Respondent No.3 which is causing a grave injustice, irreparable loss and injury to the petitioner as illegal, arbilrary, unconstitutional and in violation of Section 238 of BNS, 2023 and also in violation of sec. 7 (1) and 8 (1) of The Public Records Act 't993 and also in violation of section 6(1) of RTI Act-2005, also in violation of fundamental rights of the petitioner under Article 19 (1) and sec. 3004 of the lndian constitution in the interests of justice. consequently, to direct the Respondent No. 2 and 3 to expeditiously intimate the Petitioner of his casc No. Ci4678l1998 and furnish all the required documents as prescribed under law and pass such other order or orders may deem fit and / proper in the circumstances of the case. consequenfly, to direct the Respondent No. 2 and 3 to grant a fair opportunity to the petitioner to contest the case No. cl4678l199&and prace his arguments and pass such other order or orders may deem fit and proper in the circumstances of the case. rt is arso just and necessary that this Honorabre court may be preased to direct the Respondent No. 2 and 3 to expeditiously intimate the petitioner of his case No. c/4678/1998 and furnish ail the required documents as prescribed under law and pass such other order or orders may deem fit and proper in the circumstances of the case. rt is arso just and necessary that this Honorabre court may be preased to direct the Respondent No. 2 and 3 to grant a fair opportunity to the petitioner to contest the Case No. Cl467811S9B and place his arguments lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No. 2 and 3 to grant a fair opportunity to the petitioner to contest the Case No. C/4678i1998and place his arguments lA NO: 2 oF 2025 Petition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent No. 2 and 3 to expeditiousry intimate the petitioner of his case No. cl46r8r1ggg and furnish aI the required documents as prescribed under law Counsel for the Petitioner: SRt. MUHAMMAD VEeAR HUSSATN Counsel forthe Respondents: Gp FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2534 of 2o25 ORDER: It is stated that the petitioner is the owner and possessor of the agricultutal land in Sy.No.46 situated at Himayathnagar Village, Moinabad Mandal, Ranga Reddy District having purchased the same through registered sale deed bearing document No.523 of

1965. It is further stated that when the name of the petitioner was not mutated in the revenue records, he was constrained to flle an application before respondent No.2 and respondent No 2 uide Flle No.C/a678/98, dated 2O.O3.2O22, passed an order in his favour' Aggrieved by the same, the respondents therein liled an appeal before the Joint Collector-Il, Ranga Reddy District in Case No.D5/4233/2022 arld thereafter, due to procedural errors, the Joint Collector set aside the order, dated 20-03.2002 passed by respondent No.2 and remitted the matter to conduct enquiry afresh uide ord.er, dated 20.O5.2009 in Case No.D5/423312022' The grievance of the petitioner is that since almost morethan 16 years have already lapsed, respondent No.2 has not disposed of the application in terms of the order passed by the 'Ioint Coilector in Case No.DS/ 4 233 I 2OO2, dated 20.O3.2022' t I \ \ 2 CVBR. J \\,/ p _2534 _2025

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission srage.

3. Having considered the submissions of the learned counsel for the respective parties, this Court, without expressing any opinion on the merits of the matter and as it is statecl that the Joint Collector has remanded the matter for fresh disposal of the application, deems it appropriate to dispose of this writ petition directing respondent No.2 to examine the files relatir.rg to the remand order passed by the Joint Collector in Case No.DS/423312OO2, dated 20.O3.2OO2 and dispose of the appiication filed by the petitioner after issuing notice 1.o all the persons interested and effected, as expeditiouslv as possible, preferably, within a period of six (06) months from the date of receipt of a copy of this order

4. With the above observations, this Writ Petition is disposed of There shail be no order as to costs.

5. As a sequel, the miscellaneolrs petitions pending, if any, shall stand closed. ', SD/.P. CH. NAGABHUSHAMBA REGISTRAR SSISTANT A I //TRUE COPY// To, Hyderabad. ItN-, 1. The Principal Secretary, Department of Revenue, Secretariat , TS., 2. The Revenue Divisional Officer, Chevella Division, R.R. District. 3. The Revenue Divisonal Officer, Rajendranagar Division, R.R. District. 4. One CC to SRl. MUHAMMAD VEQAR HUSSAIN, Advocate IOPUCI 5. Two CCs to GP FOR REVENUE ,High Court for the State of Teiangana at 6. Two CD Copies ,r^,.8 M Hyderabad [OUT] ON OFFICER ., t I S i,. tq - 2 0 t'-r'B ?[2t ( q f L) + ','t,' * I i1 1 ,,I ":, i ,l -i 'r/ HIGH COURT DATED:3010112025 ORDER WP.No.2534 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ^rs+'&

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