✦ High Court of India · 12 Mar 2025

The High Court · 2025

Case Details High Court of India · 12 Mar 2025
Court
High Court of India
Decided
12 Mar 2025
Bench
Not available
Length
1,055 words

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 of Mandamus, declaring the action of the respondent in No.2 in issuing notice CCLA Ref. No.LU/BCW10}I2O16 dated 25-O2-2025 directing the petitioner to attend hearing on 1s-03-2o25 relating to the proceedings NaD5/2815/2016 dated 26-06-2016 as illegat, arbitrary and without jurisdiction and set aside the same. lA 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 grant interim stay of all further proceedings pursuant to CCLA Ref. No.LU/BCW/109/20'1(i dated 25-02-2025, pending disposal of the above Writ Petition. Counsel for the Petitioner : SRI C.RAGHU, Sr.Counsel, rep., Ms.C)H.SHRAVANI Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER *i! ORDER: HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITI ON No.7544 of2025 This writ petition is filed prayrng this Court to declare the 1n issuing notice uide CCLA action of respondent No.2 Ref.No.LUlBCW/LO9l2016, .dated 25.O2.2O25 directing the on 15.O3.2025 relating to the as illegal, petitioner to attend hearing proceedings No.D5/2815/2016, dated 26.06.2016, arbitrary and without jurisdiction and consequently, prayed for other appropriate reliefs.

2. It is stated that the petitioner is the owner and possessor of the land admeasuring Acs.S.16 guntas in Sy-No.195; situated at Gowrelli Village, Abdullapurmet Mandal, Ralga Reddy District lt is further stated that the DC/Tahsildar, Hayathnagar Mandal, had passed orders in proceedings No.C1129212005, dated 10'03'2016 in respect of the land admeasuring Acs.S.16 guntas in Sy No' 195, situated at Gowrelli Village, Abdullapurmet Mandal, Rarga Reddy District, under the provisions of the Telangana Land Encroachment Act, 1905 (for short "the Act, 19O8") seeking eviction of the petitioner. Questioning the said orders, it is stated that the petitioner frled an appeal under Section 10 of the Act, 1908 and the said appeal was disposed of by the Joint Collector 2 CVBR, J tlp 7544 2025 'uide erLdor,sement No.D5/2815/2016, dated 26.O6.2OL6, relegating the ltetitioner to approach appropriate autho ity. It is further s1eL1.ed hat in terms of above endorsement, the petitioner has frled eue appeal before the Revenue Divisional Offi<.er, under Section zi-1\ ot- the Telangana Assigned Lands (prohibition of Transfer) .Act, 1977 and the said appeal was allowed by the Revenue I)i'sisional Officer uide proceedings No.B / 245 / 2(:. 19, dated

19.10.2019 ancl the order passed by the Tahsildar in proceeding No.C/1292i20C5, dated 10.03.2016 was set aside It rs further stated thzri even after concluding the proceedings emanated for e\dction oi the petitioner uide proceedings, dated 19.1O.t2019, the responder: t No.2t without verifying the records treating that the said appeal is ltencling under Section 1O of the Act. has rssued the impugned notrce, dated 25.O2_2O|S directing the petltioner to appear befo::e 1.he CCLA, Hyderabad on 15.03.2025 for hearing in the appeal filed rrnder Section 10 of the Act challenging th,r order of the Joint Collector, Rangareddy in proc.No.D5 /2815/20.6, d,ated, 26.06.2016.

3. Consiclerr:rl the submissions of the learned counsr:l for the respective parti3s and with their consent, this writ petitior. is being disposed of eit the admission stage. 3 CVBR, J wp lsaa]lzs

4. Sri C.Raghu, learned Senior Counsel representing Ms.Ch.Shravan, learned counsel for the petitioner, has vehemently contended that respondent No.2 is not having any power or authority to revoke the proceedings which have been concluded by the orders passed by the Revenue Divisional Offrcer uide proceedings No.B / 245 / 2019, dated 19. 1 0.20 1 0. \

5. In view of the above submissions and since the issue whether respondent No.2 is having any power to entertain an appeal unQer Section 10 of the Act after a lapse of six years from the date of the order, this Court deems it appropriate to dispose of this writ petition granting liberty to the petitioner to submit an explanation/ representation by raising all the grounds including the maintainability of the proceedings before the CCLA within a period of two (O2) weeks from the date of receipt of a copy of this order and in the event of such explanation being filed by the petitioner, respondent No.2 is directed to examine the documents ald the provision of law and pass appropriate orders strictly in accordance with the Act and communicate the decision thereon to the petitioner, within a period of four (04) weeks from the date of receipt of the petitioner's explanation. Till the disposal of the said 4 C\TBR, J Wp '7 544 2025 explanatiorr, the respondents are directed not to take arLy coercive action over thr: subject land.

6. WitLL tht: above observations, this Writ petition is drsposed of. There sha-li be no order as to costs.

7. As zr secuel, the miscellaleous petitions pending, if any, shall stanc[ closed. //TRUE COPY// SD/.K. SREE RAMA M RTHY TRAR DEPUTY SECTION FFICER To,

1. The Principal Secretary Revenue Department Secretariat Stak) of Telangana, Hyderabad.

2. The Chief Comnrissioner of Land Administration, Hyderabad, Telangana. 3. The District Cotlector, Ranga Reddy District 4. The Revenure Divisional Officer, lbrahimpatnam Division, Rangit Reddy. 5. The Tahsildhar Abdullapurmet Mandal, R.R District 6. One CC to SRI CHENNABOINA SHRAVANI, Advocate, [OPUCI 7. Two CCs to GF' FOR REVENUE, High Court for the State of T€ langana. touTl

8. Two CD Copiesi. BSK dBSc) HIGH COURT DATED:12 10312025 l l i I I I I I ORDER WP.No.7544 of 2025 r*F' { .,1E 1 IS \.. c) o ;A 5t\ t 0 2 .t ,. :. rl ,'l i tl ,=-._/ I C ( t ( {- DISPOSING OF THE WRIT PETITION WITHOUT GOSTS 4{{ "\

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