J. Srinivas v. The State of Telangana

.....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 a writ, order or direction more in the nature of a Writ of Mandamus, declaring the action of respondents more particularly that of respondent No.3 in issuing repeated notices under revenue recovery act in pursuant to the proceedings of 4th respondent in B1/1006i2025 daled 2710212025 latest of which is a notice of 3rd respondent dated 1010312025 vide Lr No 8t53712025 for recovery of Rs 11, 59, 1521- allegedly payable towards rent for an unused/unoperated Cloak room demolished by the very Znd respondent right in 2018, contrary to the tender conditions in terms of tender notification No HMDA/BPP/OSDl38t2O18-2O19 daled 1 5lO2l2O1 8, further extending threats to petitioner and fear of coercive measures in terms of REVENUE RECOVERY ACT' as being lllegal, Arbitrary, Un Constitutional, being violative: r:f Articles 14, 19 and 300A, of the constitution of lndia against the Letter and spirit of Judgments rendered by Honorable Supreme Court and Catena of Juc lments rendered by this Honorable Court apart from being violative of principle:; of natural Justice and Fair play, and consequently set aside the proceedings c, 4th respondent in B111OOO12O25 daled. 2710212025 and Notice of 3rd respo' denl in 8.153712025 dated 10/03/2025 as illegal and oppressive and without any arthority. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the cir:umstances stated in the affidavit filed in support of the petition, the High CoLrrl may be pleased to direct the respondents not to cause any interference or coelr)ing the petitioner in any manner under the Revenue Recovery Act in pursuanct: r:f the proceedlngs of 4th respondent in 81l100612025 dated. 2710212025 and Nc,ti: e of 3rd respondent in 8.153712025 dated 10/03/2025 pending the disposal of the: tYrit petition. Counsel for the Petitioner : SRI IMMANENI RAMA RAO Counsel for the Respondent Nos.l, 3 & 4 : SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.2 : SRI V.NARSIMHA GOtltl The Court made the following ORDER /," I t HONOURABLE SRI IUSTICE K.LAKSHMAN WRIT PETITION NO.19607 OF 2025 ORDER: Heard Mr. Rama Rao Immani, learned counsel for the petitioner and Mr. V.Narsimha Goud, learned Standing Counsel appearing for respondent No.2 and Mr. L.Ravinder, leamed Assistant Government Pleader for Revenue appearing for the respondent Nos.l, 3 and 4

2. Accorcling to the petitioner, he was a successful bidder in terms of tender notification, dated 15.02.2018 issued by 2,"1 responclent for operating and maintenance a cloak room at NTR Gardens, Hyderabacl for a period of three years starting from 09.04.2018. He has hardly operated the cloak room, within few weeks of installation process, cloak rooln \^ras demolished by 2nd respondent for construction of Martyr's Memorial and establishment was inoperative. Expressing his inconvenience, he has submitted representations to 2nd respondent from 2018 to extend lease period by another three years, other than . demolishing and the same was not considered

3. On the other hand, respondent No.2 issuecl notice dated

30.12.2023 for recovery of arrears of renb by following due procedure Iaid down under the Revenue Recovery Act, 1890. On receipt of the proceedings from 4th respondent dated 27.02.2025, 3"t respondent has l 2 issued notice after notice, latest of which is dar.erl 10.03.2025, to the petitioner to pay said amount under the Reve,rue Recovery Act. Petitioner submitted explanation dated 24.03.2025 to the notice dated

10.03.2025 issued by 3.d respondent. Said explanation was not considered. Challenging the said action of 3.d respondent, petitioner filed the present writ petition

4. Wheretis, Mr.V.Narsimha Goud, learned !it. nding Counsel for respondent No.2 would submit that petitioner i, liable to pay the amount mentioned in the said notice towards arr,t.rrs of rent, pursuant to agreement entered between the petitioner and .lnd respondent and therefore, on determination of the said liabili$, respondent No.2 addresscd a letter dated 12.11.2024 to the 4th reslrondent with a request to recover thc said amount from the petitioner unclet Revenue Recovery Act. On receipt of the said letter,3-{ respondent iss:Led aforesaid notice dated 10.03.2025. j l

5. Perusal of the reccrd would reveal tl.le.it oitle notice dated

70.03.2025, 3..trespondent requested the petitionel to pay an amount of Rs.71,59,752/ - through Demand Draft in fa.uour of 4t, respondent and to produce the same within scven days, otherwise coercive measures will be adopted under Revenue Recovery Act. .Peti1.i<rner has submitted explanation on 24.03.225 stating that immediatell. alter said agreement, I i \ \ 3 subject cloak room was demolished by 2.d respondent under the guise of conshuction of Martyr's Memorial building. He has also submitted receipts in proof of payment of rents. Without considering the same, 3.d respondent is proceeding further and issued notice after notice. I

6. In the light of said submissions, this Writ Petition is disposed of directing the 3.t respondent to consider the explanation dated

24.03.2025 submitted by the petitioner to the notice dated 10.03.2025 and pass orders in accordance with law by putting petitioner and 2n.t respondent on notice. Subject to result of the same, he shall proceed against the petitioner strictly in accordance with procedure laid down under Revenue Recovery Act. However, he shall complete the said exercise within a periocl of four weeks from the date of receipt of a copy of this order. Till disposal of the same,3..l respondent is directecl not to proceed further pursuant to the notice dated 10.03.2025. There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, shall stand closcd //TRUE COPY// SD/-B.REKHA RANI STANT REG]STRAR To 2 SECTION OFFICER 1. The Princi pal Secretary, Revenue, Dr. B R Ambedkar Telangana Secrelariat, State of Telangana at Hyderabad. The Metrop olitan Commissioner, Hyderabad Metropol itan Development Authority, ( HMDA), Swarna Jayanthi Complex, Am eerpet, Hyderabad The Tahsil dar. Amberpet, near Police Quarters, Amberpet, H yderabad The District Collector, Hyd erabad Revenue District La kdi-ka-pul, Hyderabad Two CCs to Gp FOR REVENUE, High Court for the State of Telangana al Hyderabad. [OUT] one CC to SRI |MMANEN| RAMA RAO, Advocate IoPUCI one CC to SRt V.NARSTMHA Two CD Copies GOUD, Advocate (O PUC) J 4 5 o_ 7. SA8+ nR I HIGH COURT DATED:1 510712025 ORDER WP.No.19607 of 2025 {l'I ( o s? \:. ,1i /-.' ?,X:;iPM i\ (: I I I I I i : I i DISPOSING OF THE W.P WITHOUT COSTS. t