✦ High Court of India · 13 Mar 2025

Mahammad Abdul Goribi v. State of Telangana

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,057 words

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewrth, the High Court may be pleased to issue a writ, order, or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents interference as illegal, improper, arbitrary, un-constitutional and against the principles of natural justice, t the Respondents not to interfere in the matter of property i.e. agriculture land bearing Sy. No.202 admeasuring Aa. 3-02 Gts. and Sy. No. 204 admeasuring Ac. 2-20 Qts, Situated at Kanapoor Village, Kalher ltrlandal, Sangareddy District, Telangana 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 direct the Respondents not to interfgre in Lhe matter of property i.e. agriculture land bearing Sy No. 202 admeasuring Ac. 3-02 Gts. and Sy. No.204 admeasuring Ac, 2-20 Gts, Situated at Kanapoor Village, Kalher tvlandal, Sangareddy District, Telangana, pending disposal of the above writ petition Counsel for the Petitioner: SRl. RAVINDRA CHARY V Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER I ORDER: THE HON'BLE SRI JUSTIC E C,V.BHASKAR REDDY WRIT PETITION No .7714 of 2025 This u.rit petition is filed seeking following reliel "For the reasons stated in the accompanying afiidavit, it is herebv prayed that this Hontlle Court may be pleased to issue a writ, order, or direction more particularl-v one in the nature o[ writ of Mandamus declaring the action of the respondent's interference as iltegal, improper, arbitrary, un-constitutional and against the principles of natural justice, consequently, direct the Respondents not to interl-ere in the matter of property i.e. agriculture land bearing Sy. No. 2O2 admeasuring Ac. 3-O2 Gts. and Sy. No. 204 admeasuring Ac.2-2O Gts, Situated at Kanapoor Viltage, Kalher Mandal, Sangareddy District, Telangana and pass such other order or orders ma-1 deem.fit and proper in the circumstances of the case."

2. It is stated that the petitioner is the absolute owner and possessor of agricultural land admeasuring to an extent of Acs. 3.02 guntas in Survey No.202 and Acs. 2.20 guntas in Survey No.2O4, situated at Kanapoor Village, Kalher Mandal, Sangareddy District (for short, 'the subject land), having acquired the same by transfer from her husband in the year 2017-18 and revenue authorities also issued passbook uide Passbook No.TO9O70O40538 to the petitioner in the year 2OL7-18 and the same is updated in the revenue records. It is further stated that the petitioner is also receiving various incentives sanctioned by the Government as investment subsidies for cultivating her land. The grievance of the petitioner is that the 3rd respondent-Tahsildar has issued totice uide proceedings No.A/67O 12024 dated 24.01 .2025 acting on the letter addressed by the SHO, Kalher uide letter Nio.KLR/CR/ 1L312023 dated 13.O1.2023, 2 CVBR, J W.P.No.7714 of 2025 1O.O2.2O24, 20.O3.2O24, 22.O4.2024 and 27.O8.2024 seeking to furnish the documents relating to the subject land of the petitioner.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage.

4. karned counsel for the petitioner vehemently contended that once the pattadar passbook and title deeds have been issued to the petitioner, the respondents are not having any power or authoritlz to cancel the said pattadar passbook and title deeds.

5. Learned Government Pleader appearing folthe respondents contended that the impugned order dated 24.O1.2025 is only a notice issued by the 3'd respondent uide Notice No.A/67O/2O24. Learned Government Pleader further contended that as per the provisions of the Telhngana Revenue Summonses Act, 1869, Tahsildars are conferred with the power to issue notices/summons for seeking information from the persons whose names have been recorded in the revenue records. Learned Government Pleader further contended that since the present writ petition filed by the petitioner is only questioning the notice, the present writ petition filed by the . petitioner is mistonceived and the same is liable to be dismissed. ,

6. This Court without going into the merits of the case, since the impugned order issued by the 3.a respondent uide Notice No.Al67Ol2O24 +-l 3 CVBR, J W.P.No.7714 of 2O25 dated 24.01.2025 is only a notice directing the petitioner to produce the documents relating to the subject land, the ends ol justice would be met if the petitioner is permitted to furnish the said documents to the office of the

3.d respondent and in the event of such documents being furnished, the 3.d respondent is directed to examine the same and pass a reasoned order in accordance with law and before contemplating any action against the petitioner, the 3.d respondent is directed to follow the due procedure in accordance with law. Till such time, the respondents are directed not to take any coercive action against the petitioner's subject land in any manner.

7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. To, //TRUE COPY// SD/-K. SREE RAMA MUATHY DEPUTY REGI$TRAR sEcfloN 6rrt".* /

1. The Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad.

2. The District Collector, Sangareddy District, Office at Sangareddy,Telangana-

3. The Tahsildar, Kalher Mandal, Office at Kalher, Sangareddy District, Telangana.

4. One CC to SRl. RAVINDRA CHARY V Advocate [OPUC] 5. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana. touTI I I Two CD Copies o KKS BS *P \ I HIGH COURT DATE D : 1 310312025 I I ORDER WP.No.7714 of 2025 ( 5 a 1 Y\E YI.qr a: 03 APtl 216 o * .tlcspar DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4

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