High Court · 2025

fetition under Article 226 ot the Cons[itution of lndia praying that in the circumstancqg stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, or direction more particulady one in the natqre of writ of mandamus declaring the action of the respondent no. 3 in issuing notice in vide l=r. No. A31219612025 dated 03.03,2025 basing on the complaint made by the Sub-lnspector, Indraksran contrary to the proceedings of the District collector/Respondent No.2 86 order of the special Tribunal, as totally arbitrary, illegal in the interest of justice by settrng aside the notice dated 03.03.2025. 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 cou( may be pleased to stay all furthpr notice in vide Lr No A3/2196/2025 dated Q3'03 202i lssued by the Revenue Divisional Officer/ respondent No.3 herein pending disposal of the maln Writ Petition Counsgl for fhe Petltioner: SRI TEJASWI BASA counser for rhe Respondents No.1 to t".JtibfAIu:1,tft 9ounsef fof the ResPondent No.s: -' The Court Eade the follovring: ORQER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.8O43 of 2O2S ORDER This Writ Petition is filed praying this Court to declare the notice uide Lr.No.A3/219612025, dated O3.03.2025 issued by respondent No.3 in exercise of his powers under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), basing on the complaint submitted by the Sub-lnspector, Indrakaran, contrary to the proceedings of respondent No.2 and the order of the Special Tribunal, as illegal and arbitrary and consequently, prayed for other appropriate reliefs. It is stated that petitioner No.l is the owner and 2. possessor of the land admeasuring Ac.l .29 guntas in Sy.No.26/E4, situated at Indrakaran Village, Kandi Mandal, Sangareddy.District and his name was recorded as pattadar in the revenue records and pattadar passbook bearing No. T0908O130393 uide Kh,ata No.737 was also issued in his favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"l. lt is further stated that questioning the mutation proceedings in Proc.No.B/ 1690212026- -dated 3O.O1.2O16 issued by respondent No.4, an appeal under Section 5 (5) oithe Telangana 2 CVBR, J Wp 8043 2025 Rights in Lancl nnd Pattadar Passbooks Act, 1971 (for short "the ROR Act, 19?'1") was filed before respondent No.3 and the said appeal was clismissed uide order, dated O1.O2.2O21. It is further statecl that aggrieved by the said orders, a revrsion was filed before thc .ioint Collector under Section 9 of the ROR Act, 197 7 and th c said revision was transferred lo the Special Tribunal, which was constituted under G.O.Ms. No.4, Revenue (Assignment-l) Department, dated 21.O1.2021 and the said revision was also dismissed with a direction to seek redrgssal separately ac<:ording to the provisions of the relevant laws. It is further stated that the Station House Officer, Indrakaran Police Station, has addressed a letter No.118/Cr-B9 /2025, dated

13.02.2025, stating that a dispute exists in respect of the land admeasuring Acs.3.29 guntas in. Sy.Nos.26 lA2lI/1, 26/A, 26/A1,261E4 13 and 26lE4l2 situated at Indrakaran Village and basing on the complaint lodged by respondent No.s herein, a case in Crirne No. 178 of 2024 is registered for the offences punishable under Sections 118 (1), 329(3), 351(2), 352 read with 3 (5) of UNS. It is further submitted that, basing on t-he said letter, respondent No.3 had issued the impugned notice under Section 164 of BNSS. 3 CVBR, J Wp_8043_12025

3. Considered the submissions of the learned counsel for the petitioners and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.l to 4 and with their consent, this writ petition is being disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondent is dispensed with.

4. Learned counsel for the petitioner has submitted 'that respondent No.3, without following the procedure as prescribed under Section 164 of the BNSS, has issued the impugned proceedings. It is further submitted that as per Section 164 (1) of BNSS, "tuheneuer an Exeantiue Magistrate is satisfted from a report of o police offtcer or upon other infonnation thot a dispute likelg to c@use cL breach of the peace exLsts concenting ang land or u)dter or the boundaies thereof, toithin his local jurisdiction, he shall make an order in tuiting, stating the grounds of hi-s being so satisfied, and requiing the parties concerned in such di-spute to atteniT his Court in person or bg an aduocate on a speciJied dote and time, and to put in uitten statements of their respectiue claims as respects the fact of actual possession of the subject of dispute." JJ.j 4 CVBR, J wp 8043 202s

5. l,earnecl Assistant Government Pleader for Revenue, has submitted that respondent No.3 had issued the impugned notice relying upon the report submitted b1r the S.H.O., Indrakaran Police Station uide Lr.No.118/Cr-89/2025, dated

13.O2.2025. Learned Assistant Government Pleader lor Revenue further submits that as per Section 164 of BNSS, after receipt of thc orders ol the Executive Magistrate, the petitioners are entitled to submit their claims on the merits and the right to possess thc disputed land and after considering the evide4ce of the parties, the Executive Magistrate is competent to take appropnate dt:cision and to pass orders thereon. ; [n vicw of the above submissions and since the petitioners have an efficzrcious remedy of filing their objections to satrsfy the Execut ive Magistrate that they are in possession of the disputed property and pattadar passbook has also been issued in their favour, this Court is of the opinion that the ends of justice would be met if the petitioner is permitted to submit a written representation, duly enclosing the pattadar passbook and all otht:r' dor:uments, which are necessary for proper adjr-rdication of thc proceedings initiated under Section 764 of BNSS and after receipt of the written representation, respondent 5 CVBR, J wp-6043_2025 No.3 is directed to examine the same and after issuing notice to the petitioners as well as respondent No.S duly taking into consideration of the earlier checkered history relating to the subject lands, pass appropriate orders strictly in accordance with law.

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

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. /ITRUE COPY// SD/.T. TIRUMALA DEVI UTY REGISTRAR D ECTION OFFICER To,

1. The Princioal Secretary, Revenue Department, State of Telangana' Secretariat, Hyderabad, Telangana State.

2. The District Collector, Sangareddy District, Telangana State' 3. The sub-Divisional Magistrate and Revenue Divisional fficer, sanga Reddy District. d. fhe Tghsildar, Kandi Mandal, Sanga Reddy District' 5. One CG to SRI TEJASWI BASA, Advocate [OPUC] 6. Two Ces- to GP for Rqvenue, High Court for the State ol Telangana at HyderqPad. [OUT] 7 Two PQ Coples MP BS w HIGH COURT DATED:18 10312025 1 y\E ST476 08 APn zffi ,-. + e f, c r) i I oI * (\,( J) ). OBDEB WP.No.804t ol2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS .re tu10