High Court · 2025

Petition under Article 226 of 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 order or direction more particularly in the nature of Writ of Certiorari calling for all connected records including the impugned notice dated 10.02.2025 in Proceedings No.C/408/2010 passed by the Respondent No.2 as against the principles of natural justice, illegal, improper, unjust, arbitrary, contrary to law and violative of Article 300A of the Constitution of lndia and set aside the impugned notice dated 1O.O2.2O25 in Proceedings No.C/408/2010 passed by the Respondent No.2 till pending disposal of the appeal which will be preferred by the Petitioners herein against the orders dt.10lo2l2o25 in Proceedings No.C/408/2010 passed by the Respondent No.2 herein NO: 10F 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 notice dated 10.02.202s in proceedings No.c/40gl2010 passed by the Respondent No.2 till pending disposal of the main writ petition Counsel for the Petitioners: SRl. P S V PRASAD Counsel forthe Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.44O4 of 2025 ORDER: This Writ Petition, under Ar[icle 226 of the Constitution of India, is hled seeking the following relief ",...to issue a LUit, order or direction more particularlg in the nature of Wit of Certiorai calting Jor alt connected records irtcluding the impugned notice dated 1O.02.2025 tn Proceedings No.C/408/2010 passed bg the Respondent No.2 as ogainst the pinciples of natural iustice illegaL, improper, unjust, arbitrary, contrary to law and uiolatiue of Article 300-A of the Constitution of India and set aside the impugned notice dated iO.OZ.zOZS tn Proceedings No.C/408/201o passed by the Respondent No.2 ttll pending disposal of the appeal which uill be preJened bg the Petitioners herein against tlle orders doted 10/02/2025 in Proceedings No.C/408/2O10 passed bg the Respondent No-2.. ."

2. Considered the submissions of the learned counsel for the petitioners, learned Assisl:ant Government Pleader for Revenue appearing for the rcspondents and perused the record

3. It is stated that the petitioners, along with their father are the joint assignees and patta certificate holders uide Patta Certihcate No.C I a7 rc I 199 I , dated 24 .O7 .1992 in respect of the agricultural lands admeasuring Acs. 10-29 guntas in Sy.No.SO7 situated at Koheda Village, Hayathnagar Mandal (Now Abdullapurmet Mandal), Ranga Reddy District. It is further stated that the petitioners are Iandless poor persons and are eligible for assignment as per the policy enunciated by the Government in G.O.Ms.No. 14O6, dated i l 2

26.O7.1,g58rea'd with G'O'Ms No 1724' dated' 26'03 1959 rlnd they in possession of the subject property 1n pursuance of the assignment. However, their names are not recorded in the revenue records and the respondent authorities have noL issued pattadar passbooks ancl title deeds' The case of the petitioners is that they have not violtrted any of the conditions of the assignm'lnt patta issued vide proceedings dated' 24 O!'1992 bul thc responrlent No'2 without conducting any enquiry' issued the impugned proceedings No.C/ O8/2020 dated lO 02'2025' Hence the writ petition karnecl counsel foi the petttroners submitted that il the Patta 4. certificates issued in favour of the petltloners are irregular, the respondents are having power to cancel patta certificate under the provisions oi the Land Revenue Act' 1317 Fasli br-rt without conducting any enquiry, a notice daLed 12'06 2O24 under Seclion 7 of Telangana Land Encroachment Act' 19O5 (for shon 'the Act' 19O5') was issued by the respondent No 2 stating that the petitioners are in unauthorized occupation oi the Government land' I I is further submitted that even though the petitioners have submitted explanation duly enclosing the assignrnent patta No.2 without certihcate and relevant documents' the same, issued the proceedings respondent considering the No.C/a08l201o, dated 10.02.2025 directing the impugned pet-itioners to ,) vacate the subject lands within three days, which is illegal, arbitrary and violative of principle s of natural justice. 5. On the other hand, learned Assistant Government pleader for Revenue appearing for the respondents submitted that the respondents have followed the procedure as contemplated under the provisions of the Act, l9O5 and as the pedtioners have failed to demonstrate that they are in possession of the subject ,ands, the respondents have issued notice dated 12.06.2024 and after examining the expianation of the petitioners, the respondent No.2 issued impugned Proceedings No.c/408/20r0 dated ro.o2.2o2s. rt is further submitted that aggrieved by the impugned proceedings dated 1O.O2.2O25, an appeal is provided under Section 10 of the Act, 1905 before the District Collector and the petitioner instead of availing such remedy has filed the present writ petition. 6. In view of the above submissions, since the petitioners are having alternative and efhcacious remedy of hling an appeal under Section 10 of the Act, 190S, before the District Collector, this Court without going into merits of the case, deems it appropriate to dispose of this writ petition reregating the petitioners to file an appeal before the concerned District Collector, within a period of two weeks from the date of receipt of copy of this order and in the event of filing such appeal, the District collector shal dispose of the I j I I l / l 4 same, a:j expeditiously i o"""'o'" Pending disposal of the appeal' the respondents shalr ,r,u" )t take any coercivc action rn respect of the subject lands and the pedtioners shall not alienate and change the nature of the subject property. 7. With the above observations, this Writ petit. No order as to costs. rctlflon ts disposed of- As a sequel, the miscellaneous petitions pending, stand closed if any, shall \ //TRUE COPYII SD/-8. SARASWA THI AS s TANT REGIS TRAR ECTION OFFICER To, 1 2 J 4 t KKS *Yk #EIJIii'Sljecretary Revenue Department, secretariat, Hyderabad, I::#tsflfl #:f, if 3#,33'f[J,11].JLH One CC to SRt. p S V PRASAD Advocate [OPUC] ff,ir?tt Two CD Copies "tR.,1l3Bi'[,f;#fl 331i3[?,i, to GP FoR REVENUE ,High court for the srare of retangana. ,l HIGH COURT DATED:1310212025 ORDER WP.No.4404 of 2025 t q C) () (l i i-I5 S r,.1 ,. (r ?Z ri,g zm 'z f A ..,:_::=, SF,r T()\ {- l DISPOSING OF THE WRIT PETITION WITHOUT COSTS o