Ganqa Shiva Kumar v. Secretariat Buildings, Hyderabad

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 pleasedtoissueanappropriateWrit,orderordirectionmoreparticularlyonein the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing proceedings in roc.No.E1l'131-412025 d1.24.03.2025 and Proc.No.E',t/131- Sl2o25dt.24.o3.2025andtherebyorderingtoremovethenameofthepetitioner from revenue records in respect of land bearing Sy'No 437i6 admeasuring Ac.3.00 gts and Sy.No.43717 admeasuring AcJ'12 gts situated at Narsingapur Village, Jagtial Mandal, Jagtial District as being illegal' arbitrary and unconstitutional and set aside the said proceedings Proc.No.E1l131'412025 d1.24.O3.2025 and Proc.No.E1l131-5t2125 dt.24.03.2125 of the 2nd respondent and consequently direct the respondents not to interfere with the possession and enjoymentofthepetitioneroverthelandinSy.No.43T16admeasuringAc.3.00 gtsandSy,43TlTadmeasuringAc.l.l2gtssituatedNarsingapurVillage,Jagtial Mandal, Jagtial District I : 1 I I I I lA NO: 1 OF 2025 Petition ;ndlr Section 151 CPC praying that in the :ir,:urns,ances stated in the affidavit filed ir' : rrpport of the petition, the High court may ce pleased to stay all further pursuai-rt tc the orders of the 2'd responcleni. clared 24.03.2o2s including disposse sr irn of the petitioner over the subject land p ;nding disposal of the above writ pi.t tron Counsel for ther Petitioner: SRl. P. PANDU RANGA REDDy Counsel for the Rescondents: GP FOR REVENUE The Court made the following: ORDER .:a THE HON,B LE SRI JUSTICE C,V.BHASKA R REDDY WRIT PETITION No.14O57 of2A25 ORDER: This writ petition is filed seeking following relief: "For the reasons stated in the accompanying affidavit' -it is therefore prayed that this Honble Court may be pleased to issue an appropriate writ' order or direction more particularly one in the nature of "Writ of Mandamus" declaring the action of the 2.d respondent in issuing proceedings in Proc-No E1/131-412025 dt'24 'O3'2O25 arld Proc.No.El/131 512025 dr'24 03 2025 and thereby ordering to remove the name of the petitioner from revenue records in respect of land bearing Sy No 437/6 admeasuring Ac.3.00 gts and Sy No 437/7 admeasuring Ac 1 12 gts situated at Narsingapur Village, Jagtial Mandal, Jagtial District as being illegal' arbitrary and unconstitutional and set aside the said proceedings ProcNo El/131' 412025 dt' 24.03.2025 and ProcNo.El l131-512025 dt24'O3 2025 of the 2"d respondent and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioner over the larrd in Sy No' 437/6 admeasuring Ac'3 00 gts atd sy. 437 17 admeasuring Ac 1 12 gts situated Narsingapur Village' Jagtial Mandal' Jagtial District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case'"

2. It is stated that the Petitioner is the absolute owner and possessor of land admeasuring Acs 3 OO guntas in Survey No 437/6 and Acs. 1.12 guntas in Survey No'437 17 ' situated at Narsingapur Village' Jagtial Rural Mandal, J agtial District (for short' 'the subject land')' having purchased the same from one A Gangaram under a sada bainama in the year 2018 and thereafter, the said sada bainama was regularized and the petitioner's name was mutated in the revenue records and pattadar passbook cum titie deed was issued to the petitioner under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act' 1971 It rs further stated that the petitioner's vendors and their predecessors also 2 CVBR, J '1.-. t'.N t.14O57 of 2O25 purchased the s: 'irct land under sada bainamas and thelr n. mes were also depicted in tf ,: ..r rnue records as pattadars. It ir; tir.f h )r stated that treating the sul,. je, r and as assigned land and prohibited fr,r rransfer as per the provisions rf r .: Terangana Assigned Lands (pr. t-ri'rt or of Transfers) AcL, 1977 (for r;h,,r t, 'the Act 9 of rgzz), t*.e Tahsirrla. rras issued show cause notices u -i: Lr.No.B/370_14/2023 and Bt3i,.) 1S /2023 dated 31 0r '2025 to s;rr(''r ..ruse as to why the name of the petit on cr should not be removed fro nr r' r revenue records. It is further sta:ecr tra on receipt of the said sho*' rrrLr s. ,e[i6s5, the petitioner has subn:itte,d a.r explanation dated 10.02.20.1 -, r Ire Tahsildar stating that the petiti().1(..,s ,.,endors and their predecess'|''i r lmes u'ere recorded as pattadars i, trre re,-enue records and even as tr,(, . r..: policy enunciated by the Gov.rrLrn:nr in G.o.Ms. No. 1406, dated llr, .r)/.195g, the nature of the land n.as le ricted in the revenue records ,r s : :L1t a land. It is further stated that u.Lr h.u I issuing any proceedings an(l '\ rl0ut arly intimation to the petitiorer, t1e name of the petitioner r'as l'':rr, 'r'd from the Dharani portal in re:lpe rt o the subject land' The grie'i,rcr )r'ihe petitioner is that on verirrcati rn rr., t.r. pctitioner, it was noticed tltE I t he 2,d re spondent_Distric t Collec ror lta,, issuecl the impugned proce: rii'ir s clated 24.03.2025 uid.e proc.Nos.tl r r)r 4 /2o2s and, E1 /131-512025 <1i.,.; i,g the Revenue Divisional Offx:er, Jag:ial and the Tahsildar' Jagtirrl i r rr-ar to remove the name of the retrti.n:r from the revenue records .lr'ir [)harani portar in respect of the subjecr lzncl. Hencc, the present writ _:(.r, , ).). . i I I i I I I I I I I I t I I I I I ' i I ? 3 CVBR, J W.P.No.14057 of 2025 ,lf

3.Consideredthesubmissionsmadebythelearnedcounselforthe parties and with their consent, this writ petition is disposed of at the admission stage.

4. Learned counsel for the petitioner vehemently contended that when the enquiry is pending before the Tahsildar, who is the originai authority under the provisions of the Act 9 of 1977, the 2"d respondent- DistrictCollectorhaspassedtheimpugrredproceedingsdated24.o3.2o2S directing the Revenue Divisional officer and the Tahsildar to delete the name of the petitioner in the Dharani PorLal in respect of the subject land and the saidactiononthepartofthe2'drespondent-DistrictCollectoramountsto violalion of principles of natural justice as no enquiry whatsoever is pending before the appellate authority/ District collector under the provisions of the Act g of 1977 for deletion of the existing entries in the revenue records and Dharani portal. Learned counsel further contended that for deietion of the exis[ing entries in the revenue records, unless hnal orders are passed under provisions of the Act 9 of 1977 for resumption of the lands' the 2"d respondent-District Collector is not having any power for deletion of the name of the petitioner in respect of the suLrject land from the revenue recordsandDharaniPortal,moreparticularlywhenthenatureofthelands being disputed as Lavuni Patta.

5. In view of the said submission, this Court is of the opinion that the above said issues are required to be decided by the original authority i I I I I I I I I I ; i I I 4 r.,,.xo. t<osz ofPztb{ which has r:;s,.r..r tlre show cause notices dated 31 01.:20.t5 and explanation is called for ; ..r r r t.rie petitioner and the same is p er::rli ng for an enquiry. Pending adjr<rrc L.i rrr of the disputed issue whether the sr_bj:ct land claimed by the petitioncr ;r-rr6h25sd under sada bainama as a:: rrssigned land and the same is Jrr c rr I ri1 ed for alienation as per the policr, 1 n1 nciated by the Government in ( i. LMs.No .1406, dated 2S.OZ. 1958, the r(.sFiondent No.2 is not having ar)). :l ! thoritl, to pass the impugned order er en before the proceedings iss:-r6 11 1,U the original authority rn terms of th e er quiry initiated urde show cEUrir r , c,.s rn Lr.No.8/370. l4/2O2 t'o Lr'Nio.B '37o-1s/2o23 dated 31.0r.2():rs rj irregular and same ," .t '" flot in ac':o;'cle nce with the provisions of rrrt: I,r ,r,rrr.,^ ^"-:_ - ,':"'" ana Assigned Lands (pr ': or TrzLnsfers) Act, tg77 . The 2n.r rr:s r rnd rent-District corector ,.,"T'"l' "t"'* an aFrpell tte authori[r cannot assume 1,-re J r:u,ers ", ^.,_,^^, ^-',]'"'. of original authority under l lle D.ov sions 61 4"6, 79zz torremovirrlr ,, ,, ,-,"t" rame of the petitioner in DhararLi .?o -ta I or deciding the nature of the liLt rr s as assigned lands. .

6. Ther,,lor, pr:nding enquiry by the Tahsildar to the sho.rv cause notices in Lr.i\ ; 1i7,i76 14/20% and Lr.No.B/37r)_ _1.5'2023 dated 31.O1.2025, the irnp I lrrcd p166s.6ings dated 24.O3.2o2]isrsr_ ed by the 2nd respondent-Distri,:t ( tr irector are set aside and Tahsildzrr is cirected to concrude the en<1tri. initiated in show caus( notices in L,r.No.B/370- 14/2023 and Lr.A.,:.tr ),tr)_ 1512orraat.a sr.o; 25 b1, dtr.rJ, t rking into consideration the <r.c ,r re,ts enclosed by the pet itioner, as exp,:d. tiously as r :: 5 CVBR, J W.P.No.14057 of 2025 possible, preferably within a period of three (O3) months from the date of receipt of a copy of this order 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' //TRUE COPY// D/-T. TIRUMALA DEVI DEPUW REGISTRAR SECTION OFFICER \ To, T.S..Hvderabad.

1. The Principal Secretary Revenue Departm t, Secretariat Buildings' Z. ihe'Ol'strlct Collector, Jagtial, Jagtial.District. . ^. . 5. iil R&;te oivisionat bfficer, Jagtial, Jagtial District' ;. ii'i; iv;;;;l neu"nJ" officer, Jagtial Rural, Jastial District' 5. o"; 'cc '6- 6. iil; 66J"t"- ei; ioC nivrr{uE ,Hish Court for the State of relansana at 7. Two CD CoPies srir. F. pnr.rou nntlbn REDDY, Advocate [oPUCl - . Hyderabad [OUT] BM BSw HIGH COUR DATED:01 rclrl2021 ORDER WP.No.14057 of 2025 I ( :==: : :\ \ i t(_ S, I ,.. C 1 t A. 2 r', tr t) \' r.. 'l /.. \\+\\_. a, C.I' ,I .) DISPOSING CIF THE WRIT PETITION WITHOUT COSTS o"P?"A \+-4' Vr5 I j I I I