The High Court · 2025

The District Collector, Ranga Reddy District. The Revenue Divisional Officer, Shadnagar Division,Ranga Reddy District' The Tahsildar, Kondurg lvlandal, Ranga Reddy Digtrict. Sri Marati Kistaiah, S/o Ramaiah, Aged. about 62 Years, Occ Agriculture, Rio Parvathapur Village, Kondurg Mandal' R.R District, Smt. M. Neelamma, Wo Shankaraiah' Aged. 5? ye-als H. No. 3-72, Parvathapur Village, Kondurg tt/l4ndal, R.R. District' Agriculture, R/o -Occ ,..RESPONDENTS 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 writ or order or Direction more particularly one in the nature of writ of Mandmus declaring the Notice of 4th Respondent / Tahsildar issued vide Lr. No. i2025 dated. 08.05.2025 for the purpose of dispossessign showing the cause Qf excess land stated as proposed correction/deletion of Petitioner's agricultral land an extent of Ac. 1.00 in sy. No. 41t1El3 and Ac. 1.00 Gts. in sy. No.4linParvathapurVillage,KondurgMandal,RangaReddyDistrictasultra- vires, illegal, arbitrary, violation of Principles of Natural Justice guaranteed under Articles 14, 21 , 300A of constitution of lndia and against the provisions of Bhu Bharati (Recorcis of ?ights in Land) Act,2025 and subsequently d rect the official respondent Nos.2 tl 4 to foltow the procedure as per the Law pertains to Petitioners agricultura I land an extent of Ac. 1 .00 in Sy. No. 41l1Et3 and Ac. 1.00 Gts. in Sy. No. 41 in F'arvathapur Village, Kondurg Mandal, Ranga Reddy District. lA NO: 1 OF 2025 Petition under llection 151 CPC praying that in the circumslances stated in the affidavit liled in r;upport of the petition, the High Court may be pleased to grant stay of all furlher proqeedings in impugned Notice issued by the 4th Respondent / TahsilCar vide Lr. No 12025 dated. 08.05.202!: fot proposed correction/de let io n of Petitioner's agricultral land an extent of Ac. 1.00 in Sy. No- 41t1El3 and Ac. 1.00 Gts. in Sy. No.4'1 in ParvathapurVillage, K'rndurg Mandal, Ranga Reddy pendini; disposal of the above writ petition. Counsel for the Petitioner : SRI K.RAMACHANDRA Counsel for the Respondents No.1to4 : Asst. GP FOR REVENUE Counsel for the Respondents No.5&6 : -- The Court made the following: ORQFR i!, i t EIt E t' r l ; t t -:.8 THE HON'BLE SRI JUSTICE J. SREENTVAS RAO WRIT PETITION No.15088 of 2025 ORDER: This writ petition is filed for the following relief "to issue Writ or Order or Direction more particularly one in the nature of Writ of Mandmus declaring the Notice of 4th Respondent / Tahsildar issued vide Lr. No. /2025 dated. 08.05.2025 for the purpose of dispossession showing the cause oI excess land stated as proposed correction /deletion of Petitioners agricuttral land an extent ofAc. l.OO in Sy. No. 4lllE/3 and Ac. 1.00 Gts. in Sy. No, 4l in Parvathapur Village, Kondurg Mandal, Ranga Reddy District as ultra- vires, illegal, arbitrary, violation of Principles of Natural Justice guaranteed under Articles 14, 21, 3004 of Constitution of India and against the provisions of Bhu Bharati (Records of Rights in Land) Act, 2025 and subsequently direct the official respondent Nos. 2 to 4 to foltow the procedure as per the l,aw pertains to Petitioners agricultural land an extent of Ac. 1 OO in S-r'. No. 41/lE/3 and Ac. 1.00 Gts. in Sy. No.4l in Parvathapur Village, Kondurg Mandal, Ranga Reddy District and pass."

2. Heard Sri K.Ramachandra, Iearned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4.

3. During the course of hearing, learned counsel for ttre petitioner restricted the relief and sought permission to the petitioner to submit explanation to the impugned notice dated

08.05.2025 issued by the respondent No.4 by raising all the grounds, u''lrir:h are available under law incllrdins tlrc grounds, which arc r:r i:red in the present writ pe tition.

4. In vicr. ol the above said submissions, ..r.itl'r t)rc consent of both thc pir -r ies, the writ petition is disposed ol :rt t he stage of admission antl notice in respect of respondent Nos.,J and 6 is dispet Ls,:d ri'i I t

5. Thr: 1:Lt:ts giving rise to filing of this rvrit pt.tition briefly Stated {lr,l t i- at the petitioner is owncr and posst:s.sor of the agricullrrral lrnd lo an extent of Ac.1-00 in S-y.N,r.41/ iE/3, Ac.1-OO in S1,.No.41 and Ac.0-20 guntas in Sr,.Nc 4l/3EEll situatr'd .rt l)itr-vathapur Village, Kondurg Manclal, Il: nga Reddy Districl ar-rcl he revenue authorities mutated his niLme in the revenuc rtcorrls and issued pattadar pass book. Whcrr -espondent No.6 anrl Ir< r liusband Shankaraiah are trying t,r intcrfr rc: with the land to :lr.r ('\ttnt of Ac.1-OO covered by Sy.No.al llE., : ancl Ac.1- OO ir-r ljy.No..: , the petitioner filed the suit in C).S.No I )3 ol 2024 on the filc o1 I Additional Junior Civil Judge, Sharlr.r:r,;ar, Ranga Reddy District, seeking perpetual injunction. Alor-rg s,i h the said suit, ttrr: pcti ir)ncr also filed an application i.e. LA. No.l.i6 ol 2024 for gra n t ol rtd inteim injunction and an ex potl(, td inteim injunction u,rr; granted on 2O.O3.2O24 and the sairl injunction order is r:on1i rr-ring till date and respondent No.6 wils srrt exparte. At the instance of respondent No.S, respondent No.4 issued the impugned notice on 08.05.2025, though he is not having any such power to entertain the application for correction/de letion of the agricultural land to an extent of Ac. 1-OO in Sy.trto.+ I I lE I 3 and Ac. 1-0O in Sy.No.41 in Parvathapur Village and the same is contrary to the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2O25.

6. Per contro, the learned Assistant Government Pleader for Revenue submitted that the petitioner, without submitting any objections/ explanation to the impugned notice dated 08.O5.2O25, straightaway approached this Court and filed the present writ petition and the same is not maintainable under law and the petitioner is entitled to raise all the grounds which are available before respondent No.4.

7. Having considered the rival submissions rrade by the respective parties ald after perusal of the material available on record, it reveals that the petitioner is claiming rights in respect of the subject property i.e. Ac.1-OO in Sy.No.41/ 1E/3 and Ac.1-OO in Sy.No.41 in Parvathapur Viltage, Kondurg Mandal, Ranga Reddy District. The record further reveals that respondent No.S and seven others have submitted representation before respondent No.4 requesting them to correct the extent of the land and also delete the wrong entries. Pursuant to the same, the respondent / ./ l.-\- No.4 had issued notice on 08.05.2025 directing rh(, petitioner to submit cxpl:r tation within a period of seven davs.

8. Tht: record further reveals that the petiLiorer, u,ithout submitljng : rLy objcctions to the above said impugr]crl lotice dated

08.05.2O-25. f ile d the present u,rit petition. The marn c rr-rtention of the leanrcd ( ounscl for the petitioner is that rhc pt: itioner also filed a civil sr- it, which is pending before the compercrrl civit Court, wherein r-esu tndent No.6 is also made as pzlrtv dr-fr:ndant and respondr:nt N o.4 is not having any authorit\. to r:r.tertain the application. l'hts Court is of the considered vieu, that ttre petitioner is entil,lccl t,r put forth his objcctions to the rmirrrgrr:d notice. Hou,erer. \\-it:rout raising any such objections tlrr petitioner straight:ru,av approached this Court by filing thc p -esent writ petitio n.

9. 'lal<ing inro t:onsideration the facts and circuntsrz nces of the case, lhis Ccrrrt dccms it appropriate to permir Lhc 1t:titioner to submit cxltlarIrtton/objections by raising all the gr:olrnrl.; r.r'hich are availat)lc un(l,rr lau., to the impugned notice dat<:d r)g.O5.2025 u.ithin a peri,rl of one week from the date of reccipt o'a copy of this ordr:r. ()n receipt of such objections, respon<lc,rt No.4 is directe,l to ccnsicler the same and pass appropriett r: orders in accord:rnr:. rv ir h law within a period of three (31 *.eck s thereafter, after giving oplrortunity of personal hearing to the petitio rcr as well as respondent Nos.S and 6 and any other affected parties. Till such time, respondent No.4 is directed not to take any coercive steps in respect of the subject property.

10. With the above said direction, the writ petiiion is disposed of. There shall be no order as to costs Miscellaneous petitions, pending if any, sha1l stand closed To, //TRUE COPYII SD/- P. PADMANABHA REDDY DEPUTY R'CISTRAR sEcrroilroFFtcER

1. The Principal Secretary (Revenue), Secretariat, State of Telangana, Hyderabad

2. The District Collector, Ranga Reddy District. 3. The Revenue Divisionar officer, shadnagar Division,Ranga Reddy District 4. The Tahsildar, Kon(urg Mandal, Ranga Reddy District 5 One CC to SRI K RAMACHANDRA, Advocate. tOpUCl 6 Trluo_CCs to Gp FOR REVENUE, High Court for the State of Telangana. 7 Two CD Copies. BSK SS t I I ,t rE I l t r i I HIGH COURT DATED:14t0512025 / VACATION COURT .b \,r ..t. .,'1} /'. ,..:F *ob$ \.::, (- :; i-.' ORDER WP.No.15088 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I 4 ,/r,/11 t F h I I t F :'k irY B