The High Court · 2025
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Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly in the nature of Mandamus there by il. Declaring the action of the Respondent No.1 in issuing the Memo bearing No.15B5/Land Admin.ll(2)/2025-1 dated 30.01.2025, in the absence of any violation of conditions as stipulated in G.O.Ms.No.1406 dated 04.09.'1964 as illegal, unfair, arbitrary and violative of Article 21 of the Constitution of lndia and set aside they same or in the alternative l' Direct the Respondents not to take any decision relating to the Petitioners property admeasuring Ac. 12-25 Gts. in Surevy No. 54,55 and 56 of Katedan Village, Rajendranagar Mandal, Rangareddy District, Telangana, without considering the explanation submitted by the Petitioner vide Lefter dated O7.02.2025 and without giving due opportunity of hearing to the petitioner lll. Consequently, set aside the Memo bearing No'1585/Land nori"lifiyzozs-i ax.a 30.o1 .2025 issued by Respondent No 1 on the the same being illegal, unfair, arbitrary and violative of Article ;ilil;;f 2'1 of the Constitution of lndia' IANO: 1 OF 2025 - -op"r"ti.n of Memo PetitionunderSection,l5lCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, ine Hign Court may be pleased to. stay Ularing No.1585/Lind Admin.ll(2)/2025-1 . daled if," ijo.or.iozs issued by the Respondeit No.1 anddirect the Respondent No.1 to not i;; ;;t;"r"ive aciion inciuding resumption of tand admeasuring Ac. 12-25 Gts. ii'r Er*6v 11".54, 55 anil 56 of katedan Village' Rajendranagar Mandal' Ranga Reddy District, Telangana including resumption of the same Counsel for the Petitioner: SRI D' PRAKASH REDDY SENIOR COUNSEL niFiiiEr.rrrNc ., FoR sRt. P soMA SHEKAR REDDY ADVocATE' Counsel forthe Respondents: GP FOR REVENUE The Gourt made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASXAR RTDDY qIRIT PETITION N0.4597 of 2o.25 ORDER: This Writ Petition, under Article 226 of ttre Constitution of India, is filed seeking the following relief: '.-.to i.ssue an appropriate ruit, ord.er or direction more parlicularlg one in the noture of ,Wit of Certbroi': i) DecLaing the action of respond_ent No.l in issuing memo beaing No.1585/ Land Admtn.II(2)202S-1, dated SO.O j.2025,. in the absence of ang uiotation of anditions o,s stipulated. in G.O.Ms.No.14O6, dated 04.09.1964 as illegal, arbitrary and. conlrary to law; and ii) Con-sequentlg, direct respondents not to take ang deci,sion relating to the subject propertA ad.measuing Ac. 12.25 gts., in Sg.Nos.S4, 55 and 56, situated at Katedqn Viltage, Rajendranogar Mandal, Rangareddg Di.strict, u.tithout considering the explanation submitted bA the petitioner ui.d.e letter dated O7.O2.2O25 and ulithout giuing due opportunity of hearing to the petitioner or pass approp;iate ord.er..."
2. The case of the petitioner is that it is registered under the provisions of the Societies Registration Act, 1g6O vide Register No. 13 of 1954. The petitioner society was established under the narne and style of 'Indian Council of Social Welfare, Telangana' and it was founded with the initiative of Ms.padmaja Naidu, D/o Smt.Sarojini Naidu. ,, 1-" T_.1, 2 organisation in the freld of social welfare aimed at undertaking and promoting social work such as taking care of the aged, handicapped and abandoned children, professionally training social workers along with serving as an information exchange in respect of social work between social service organisations, arnong other things. Taking into consideration of the objectives of the society, the State Government has allotted the land to an extent of Acs. 16'20 gts., in Sy.Nos.54, 55 and 56 situated at Katedan Village, Rajendranagar Mandal, Rangareddy District, vide G.O.Ms.No. 1406, dated 04.O9.1964.
3. It is further stated that all of a sudden, the Chief Commissioner of Land Administration, Hyderabad, has issued show-cause notice vide impugned memo dated
30.01.2025 stating that the District Collector, Rangareddy District, has reported that a survey ald demarcation on the effective utilisation of land in Sy.Nos.S4, 55 and 56 ancl it is noticed that al extent of Acs.l2.25 gts., is not utilised by the petitioner society in terms of the allotment conditions. It is further submitted that soon after on receipt of the said show- cause ryllice, the petitioner has submitted a detailed 3 explanation/reply enclosing all relevant documents and also sought for the docrtments which are the basis for issuance of the show-cause notice. Mr.D.prakash Reddy, learned Senior Counsel representing Mr.p.Soma Sekhar Reddy, learned counsel for the petitioner, vehemently contended that since the date of allotment of the land to the petitioner society, the society has been proceeding with its objectives and the rand has been utilized as per the conditions stipurated in the alotment order. However, out of the total extent of Acs. 16.20 gts, approximatery an extent of Acs.4.oo gts., has been taken over by the State Government for the purpose of widening of the abutting road. The respondents instead of furnishing the documents which are the basis for the show_cause notice nor taking into consideration of the documents submitted by the petitioner along with the explanation, are proceeding to take forcible possession of the subject property on the ground of violation of the terms and conditions of ati6161i6n order.
5. Learned Assistant Government pleader for Revenue, on instructions, would submit that a survey has been conducted by the District Collector vide Lr.No.LCl/62g7/2001, dated 4
16.12.2024 and it is revealed in the said survey that the petitioner is not in occupation of the total extent of land and it is also not complied with the terms and conditions of the allotment order. There is no illegality or irregularity in issuing the impugned show-cause notice and the interference of this Court under t].e Article 226 of the Constitution of India is unwarranted.
6. In the light of above, since the impugned notice is only a show cause, this Court without expressing any opinion, deems it appropriate that ends of justice would be met, if the respondents are directed to furnish all the documents which are the basis for issuance of the show_cause notrce to the petitioner. Thereafter, the respondents shall grant two (2) weeks time to the petitioner to submit additional explanation/documents to the impugned show_cause notice. On receipt of such additional explanation/documents, the respondents shall afford an opportunit5z of personal hearing to the petitioner. After conducting hearing, the respondents shall pass appropriate reasoned orders, in accordance with law. It is needless to observe that if aly orders adverse to the interest of the petitioner are passed, reasonable time of trvo(2) 5 weeks shall be granted to the petitioner to enable it to avail the remedies available under law. 7 . With the above observations, this Writ petition is disposed of. There shall be no order as to costs Miscellaneous petitions, petition shall stand closed. if any pending in this writ SD/.A. SRIN IVASA REDDY ASSIS T REGIS TRAR //TRUE COPYII \ fo, s t Telanga ngana - S01510 Com plexes bist. Tela ON FFICER ueLLand Administration_ll) Department 4F-39, Kongara Kalaq Viltage lbrahimpa tna m Mandal, Ranga Reddy
1. The Principal Secreta ry Reven na Secretaria Hydera 2. The District Collector Ranga Redd Y District lntegrated Distric t Olfices 3. The Mandal Surveyor, Rajendrana gar Mandal Ran gaReddy Dist 4. One CC to SRt. p SOMA SHEKAR 5. Two CCs to GP FoR REVENUE, H IOUI ,*o CD Copies REDDyAdvocate igh Court for the State of Telangana. Mani ky, amma Colo ny, Rajendrana gar Mandal - s00 030 nga Reddy Dist., Telangana [OpUC] ,RA ^^S BS o l C f --a: iar- sr \I€ o a ,) ? 0 i'rri t?5! i '/ HIGH COURT DATED:1 710212025 ORDER WP.No.4597 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 10v