Bichamma v. Secretariat Hyderabad Telangana

Petition under Article 226 of lhe 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 or more particularly one in the nature of Writ of lVlandamus declaring the action of the 4th respondent in issuing an lmpugned Notice No. A124512025, dtd. 11 .4.2025 in pursuance of the of the Agriculture land situated in Sy No. 30/ae to an extent of Ac. 3 -25 Gts, in Sy.No. 31/a to an extent of Ac. 3-28 Gts and 17 Gts in Sy.No. 32la total to an extent of Ac.7.30 Gts in the Kyathampally village, Dameragidda Mandal, Narayanpet District to the petitioner who is absolute owner and possessor of the subject Agriculture Land for the past 4 112 decades by calling the petitioner regularly and threatening the petitioner that to settle the issue with the Sth respondent outside of the court as an illegal, arbitrary, discriminatory, unjust, unfair, without jurisdiction and in violative of the provisions of the Records of Rights in Land and I Pattadar Passbooks Act, 2020 and its Rules, 1989 as Amended time to time and in violative of Article 14, 21 and 300-A of constitution of lndia and set aside the same and consequently direct the 4th Respondent not to call the petitioner to his office to threatened the petitioner to settle the issue with the sth Respondent outside of the Court lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i1 support of the petition, the High Court may be pleased to Suspend the impugned Notice No.A/ 2451 2025, dtd: 11.4.2025 in pursuance of the of the Agriculture land to an extent of Ac.3 -2S Gts in Sy.No. 30/ ae, Ac. 3-28 Gts in Sy.No. 31/a and 17 Gts in Sy.No. 32ia total to an extent of Ac.7.30 Gts in the Kyathampally Village, Dameragidda Mandal, Narayanpet District issued by the Respondent No. 4 to the Petitioner by calling to his office and threatening to settle the issue with the 5th Respondent in the outside of the court forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: SRl. PRABHAKAR CHIKKUDU Counsel for the Respondent Nos. 1to4: GP FOR REVENUE Counsel for the Respondent No.5:- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY II/RIT PETITION No.13419 of 2O25 ORDER: This writ petition is flled questioning- the issuance of impugned notice No.A/24512025, dated 11.O4.2O25 calling for production of records in respect of the agricultural land to an extent of Acs.3.25 gts., in Sy.No.3O/ae, to an extent of Ac.3-28 gts., in Sy.No.31/a and to an extent of Ac.O. 17 Gts in Sy.No.32/a, total admeasuring Acs-7.30 gts., in Kyathampaily Village, Dameragidda Mandal, Narayanpet District.

2. It is stated that the petitioner is the absolute owner and possessor of the agricultural land to an extent of Acs.3.25 gts., in Sy.No.3O/ae, to an extent of Ac.3-28 gts., in Sy.No.31/a and to an extent of Ac.O. 17 Gts in. Sy.No.32/a, total admeasuring Acs.7.30 gts., in Kyathampally Village, Dameragidda Mandal, Narayanpet District, having inherited the same after the death of her husband. The grievance of the petitioner is that without having any power or jurisdiction, respondent No.4-Tahsildhar has issued the impugned notice calling for production of record of the subject property at the instance of respondent No.5 to resolve the inter se disputes betwecn the parties. \\ 2

3. Considered the submissions made by the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage. In view.of rhe nature of relief sought lor in this writ petition, rssuance of notice to respondent No.5 is dispensed with.

4. Learnecl counsel appearing for the petitioner has vehemently contended that the revenue authorities are not having aly power or authorit5z to issue impugned notice or examine the documents to resolve the inter se disputes between the petitioner and respondent No.5

5. Learned Assistant Government pleader for Revenue would submit that under the provisions of the Telangana Revenue Summonses Act, 1g69, the Tahsildar and the Revenue Divisional Officer are conferred with the power to summon aly person and call for the *rcords relating to any agricultural laads to enable them to exanrine and correlate with the entries made in the revenue records. 6 In view of the above submissions, since the impugned order is only a sho.rv-ciluse notice, and as the petitioncr has right to make appropriate application/ explanation enclosing the all the grounds available under larv in o""u;n"-'d -t support of her case, this Court is of the opinion that ends ofjustice would be met if the petitioner is permitted to submit explanation/objections to the impugned notice and on such objections being ltled by the petitioner, respondent No.4 shall examine the same and pass a reasoned order, within three (03) months from the date of receipt of a copy of this order, strictly in accordance with law. 7 . With the above observations, this Writ Petition is disposed of. Therc shall be no order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/.T. TIRUMALA DEVI EPUTY REGISTRAR SECTION OFFICER riat Hyderabad T.S.,Telangana. 1 The Principal Secretary Revenue Department Se 2. The District Collector, Narayanapet District Telanoana. 3. The Revenue Divisional Office,r, 4 The Tahsildar, Kyathanpatly Village, Damdrgidda Mandat, Nlrayanapet 5. One CC to SRl. PRABHAKARCHIKKUDU, Advocate tOpUCl 6. Two CCs to GP FOR REVENUE ,High Court for the Siate of fetangana at 7. Two CD Copies Hyderabad [OUT] Dijtnct Telangana. 'Narayanapet, District. BM BS w HIGH COURT DATED:29104.12025 ( oe THE SI4 /, \ 3" ogJUtl 2ffi ($( ORDER WP.No.13419 of 2025 oF^ rJaTnllr'' DISPOSING OF THE WRIT PETITION WITHOUT COSTS cp?S q0 X" I I