The High Court · 2025

Judgment

1. 2 3 4 5 The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Adilabad District. The Revenue Divisional Officer, Adilabad, Adilabad District. The Tahsildar, Mavala Mandal, Adilabad District- The Sub-Registrar, Adilabad, Adilabad District. ...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 iisue an appropriate Writ. Order or Direction, more particr-rlaly one in thenatureofWritofMandamus.declaringtheimpugnedproceedingNo. E2tB77 t2025 dated 22-O7 -2O25 issued by the 2'd respondent District Collector' thereby unilaterally cancelling the Valid conveyance Deed vide bearing document No.2654of2022dated30-03-2022inrespectoflandinDoorNo.,ll-144in Sy.No. 21 to an extent of 66.66 Sq-Yards' Situated at Dasnapur Village, Mavala Mandal, Adilabad District, as illegal, arbitrary. without jurisdiction and in gross violation of Principles of Natural Justice, contrary to Rule 26(k) of Telangana Rules Under the Registration Act, 1908, besides being in vio{ation of Articb '14 and 300 A of the Constitution, consequently set aside the same IA NO i1 oF 2025 Petition under Section 151 CPC praying that in the cirrt mstances stated in the affidavit filed in support of the petition' the High Court r tay be pleased to -2025 issued by suspend the impugned proceeding No' E21877 t2O25 dated the 2nd respondent District Collector and its conseql t:r'tial proceeding by directing the respondent authorities not to interfere with t re possession and enjoyment of the petitioner herein in respect of Door No ' l- 144 in Sy No 21 to an extent of 66.66 Sq Yards, Situated at Dasnapur Vil irqe' Mavala Mandal' Adilabad District' pending disposal of the main Writ Petit'o r' in the interest of "''2'o7 iustice Counsel for the Petitioner: SRI' GAJANAND CHAKRAVARIIII Counsel for the Respondents: GP FOR ASSIGNMENT The Court made the following: ORDER /, I I I i i HON'BLE SRIJUSTICE IC LAKSHMAN WRIT PETITION No.21658 OF 2025 ORALORDER: Heard leamed counsel for the petitioner and leamed Govemment Pleader for Assignment.

2. Respondent No.4 has executed a deed of conveyance bearing document No.2654 of 2022, dated 28.03.2022 in respect of house bearing No.l L-144, admeasuri ng 66.66 square yards in Survey No' 144 of Dasnapur Village, Adilabad (Urban) Mandal within Adilabad Municipality, Adilabad District, in terms of G.O.Ms.No.59 of Revenue (Assn.I) Department, dated 30.12.2014. Vide impugned order dated 22.07.2025, respondent No.2 has cancelled the said conveyance deed on the following gtounds: "(i) h 2016 it was rejected by the then RDO Adilabad as it is open plot and also valuable land- But latcr it was apiroved and conveyance deed was done b1 the then Tahsildar. But the permission rvas issued to an open plot but not for a dwelling unit. [t ma1' be cancelled if agreed- (ii) Furttrer a proposal is under proccss at CCLA, Hyderabad to an extent of 100 sq- yds. It may not be recommended if agreed." 2 KL. J wP No 21658 of2025 It is further stated in the said impugned order that (i tl.Ms.No.59 is applicable for dwelling houses but not for commerciai pr.rrpose, costly lands etc. 'l'he subject land is valuable and it is adjacr:nt to National Highway and is liable for cancellation.

3. It is the specific contention of the petitioner herein that the impugned order is without putting the petitioner on notlc.) and without affording an opportunity. In the impugned order, ther: ,s no whisper about service of notice to the petitioner and affordin5l a r opportunitr to him

4. Thcrefore, with the consent of leamed cor insel fbr the petitioner and leamed Govemment Pleader for Assigrnent. this writ petition is disposed of at the admission stage itself. Ihe impugnecl proceedings No.E2l877/2025, dated 22.07.2025 of re s1'6ndgn1 5..') are set aside. The petitioner shall submit explanation t-eating the said impugned proceedings dated 22.07.2025 as show-< iLu.ie notice, to respondent No.2 within ten (10) days from the date ol're ceipt of cop_r of this order. along u,ith all relevant documents. On n'ceipt of said explzrration. respondent No.2 shall consider the fr:t that as pcr 3 KL. J wP No 21658 of2025 G.O.Ms.No.59, dated 30.12.2014, conveyance deed has to be executed in favour of a female member of the family. He shall also consider the purpose and object of G.O.Ms.No.59, dated 30.12.2014. Respondent No.2 shall consider the said aspects and other aspects and pass a reasoned order in accordance with law by putting the petitioner on notice and affording him an opportunity within thirty (30) days from the date of receipt of explanation from the petitioner. He shall communicate a copy of order to the petitioner herein. However, it is made clear that if the petitioner fails to submit explanation within ten (10) days, it is for respondent No.2 to take action in accordance with law. In the meanwhile, respondentNos.2 to 4 are dirccted not to take further steps pursuant to the impugned order dated 22.07 .2025 inctuding dispossession of the petitioner from the subjecl prope(y. [n the circumstances of the cases, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, il any. pending in the writ petition shall stand closed. SD/. H . GOWRI SHANKAR TANT REGISTRAR A //TRUE COPY// SECTION OFFICER To, 1 . The Principal Secretary, Revenue Department' Secretariat' T-S 'Hyderabad' i ir'" oiitriit collector, Adilabad District' a i'# il.;;;;"-oirl.ionat officer, Adilabad' Adilabad District' i iii" iiniitoii, Mavala Mandal' Adilabad District s. iii" sro-n".qiitrar, Adilabad, Adilabad Distrrct . . . X o"i,"cCtli 5ni. cALnr'rilrii CHArnnvnnrHl 'Advocate toPU.cJ Y. YJJ" dE.'i"-cC FOn nSsiCruueNr ,Hisr, Court ror the State of relangana at Hyderabad [OUT]

8. Two CD Copies BM GJP / HIGH COURT \ DATED:2410712025 f { - .\\ l ' _i.,, . ,-/ 'i c I 2i115 -\.-: ORDER WP.No.21658 of 2025 DISPOSING OF THE WRIT PETITION /\.T THE ADMISSION STAGE WITHOUT COSTSi ,// " A ,a 4 .,/., l- 4 / // ,/ /.< ,,/