Kalavathi v. I The State of Telangana

petition under Section 'r51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High cou,, may be preased to suspend the orders of the 2nd respondent in Fire No.ST/ D1156812021 in case NoB.1607t2o2o' Dt 30-06-2021, pending disposar of the writ petition in the interest of justice and equity. IA NO:1O F 2023 Between: 1 RJili?E}fi T,i[?".j;r?3X3lll,,t3i_r,l"i%y,o,e1,1;,1,,,occAsricu,rure, R f B':x,t iill'f, ,iir Si"; frlfi kr ft 4:Ffl , fl'"%l, J3,L Bf ,,, o cc As ri cu, t u re, 2 3 AND

1. 3 4 ,Rn,.I"",ffi?llSy:#;,,|l";,,,?,,["no"oj,ft;xl,1lirr*%?fl,?,0""yol3,,y"?,rs, .cc ...PETITIONERS ,_",i )fi E i;:fi a, fl i# Ll,ffl : H?:'' e#,,:;,,f Ui,le "" Avula. Yellamma. Wlo. I " A g ric u rt u re, R/o F Jti;;, r i\ifl I A " o ". lB,,l,?.T., " ffi , ,..';X';, s:..:?i?ll? il1 io,,t:os c reta ry, Re ve n u e iffi:'r?'rll'#ifil, Nasarkurnool District, Rep. by its Member, District corrector, f fl,",i #,, H*' Effi !Et%.' " " HS il#a i B,.li?f, f ,, o ftt?x | i_??H: " " " "

5. The District Collecto, Nagarkurnool District. 6. The Revenue Divisional Officer, Nagarkurnool District. , Ili.]Frdrt Revenue Officer, penflavaili Viflage and Mandat, Nagarkurnoot ' Jl8 ff fr:x!f, lJitffi ,1i3g;S,"r:ro;:i: f:,rc i pa r S ecreta ry At com m iss io n er ...RESPONDENTS PetitionunderSectionl5,lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to Vacatetheinterimordersdated07.09.2021madeinWPNo.,l9335of2021as extended from time to time, in the interest of iustice' Counsel for the Petitioner: Ms. K.HEMALATHA Counsel for the Respondent No.1 to 5: AGP FOR REVENUE Counsel for the Respondent No.6: SRI KIRAN KUMAR GATTU Counsel for the Respondent No.7 to 9: SRI C'V'R'RUDRA PRASAD The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL trIRIT PETITIO N No.19335 of 2 02t ORDER: This Writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: ,,. ..to issue wi one in the noru,. ols'#r' :; i[::;il::,::,i.:;r^::l action o,, the 2nd ,."onna.li ;::::::i'."" "t' in rite " ryo s i) ;, r;':;;:; ;: T' X:L' ;,:;;;;t i;l;;, dqted 30.06.2021, as being arbitraru illegat unconstit ut ionol const the2nd,",pona.i"iir;;:;;,::r;";r;;::;r;22,*1.:::! No B/ 6O7/ 2O2O dated ,n n^ .rn-,i 30'06'2021 bg restcting the names oi.the petitionl ,, " in the interest of justice and equitg arrd pa.r... . .

2. Heard learned counsel appea-ring for the petitioners, learned Assistant Government pleader for Revenue, aPpearing for respondent Nos.l to 6 and learned counsel appearing for respondent Nos.7 to 9 ald perused the record. 3. Learned counsel appearing for the petitioners r,vould submit that the order passed by the Tahsildar ald the Revenue Divisional Oflicer specificaliy refers to the assignment pr.csgding5 in favour of the petitioners a,d arso tvith geggud to the canceilation of the assignment in respect l I I l']agt 2 Lrt -1 of the unofficial respondents' $'ithout referring to the findings of the Revenue Divisional Officer and the Tahisldar and without going through the records' the learned Tribunal on a letter issued by respondent No'6 board has passed the impugned order in File No'ST/D1/56Bl2O2l in Case No.B1607 12020, dated 30'06'202L Hence seeks to remand the matter back to the revisional authority for fresh consideration after granting an opportunity of hearing to the petitioners and all concerned parties'

4. Sri H.Rakesh Kumar' learnecl Assistant Government Pleader representing the learned Government Pleader for Revenue, has consented to the submissions made bY the learned counsel for the petitioners'

5. A perusal of the material placed' on record before this CourtarrdtheimpugnedproceedingsofrespondentNo.2in File No.ST/Dll568l2o2t in Case No'Bl6O7 12020' dated 30.06.2021 reveals that without going through the records has passed. the impugned order' which is in violation of the princiPles of natural justice' I'alrc :l of l

6. Under these circumstances, this Court deems it appropriate t() set aside the impugned order passed by respondent No.2 in File No.ST/D1/568 12O2) in Case No.Bl607 12O20, dated 30.06.2021, and to rr:mand the matter back tc the revisional authority respondent No.2 constituted urrder Section 15(1) of the Bhu Bharathi Act, 2025, rvho shall, in turn, afford an opportunity ol'hearing to the petitior-rers and all concerned parties AS bl procedure establishecl bv lar,r, and upon examination ol the records pass appropriale orlers in accordance with 1a$r, as expeditiousl,v as possible, p;-eferably within six months from lhe date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. There shail be no order as to costs As a sequel, miscellaneous petitions, if anr,, pending, shall stand closed To, //TRUE COPY// 1 The Principle Secretary, Revenue De Secretariat, Hyoerabad, Siate of Telangana, 2. The Member, Special Tribunal, Nagarkurnool partmen Nagarkurnool District. ot P. PONNA KRISHNA TANT REGISTRAR ECTION OFFICER Secretariat Building, District, District Collector,

3. The District Collector, Nagarkurnool District. 4. The Revenue Drvisional Officer, Nagarkurnool District The lvlandal Revenue Officer, Pentlavalli Viliage and tVandal, Nagarkurnool , I I I ; sfttr Ifsil ffi!,ffi,$111&],,H1ffi;] I ?. Two CD Copies BSR BS (p- r\ ::,",,, HIGH COURT DATED: 20tOBt2O2S :.5I/tf QA 2 stp mr :1 i,l: 2 \4. ORDER WP.NG19335 of 2021 \.- J. \-. rr,, J\ t .\-rrl .-..--;2' -7 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (A "lo €