BandaNarsaiah v. STATEOFTELANGANA

Petition Under Article 226 of lhe 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 particularly one in the nature of writ of Mandamus to declare the impugned notice No D1198912025' dated l4.oT,2o2S,issuedbytheRespondentNo.2i.e.DistrictCollector,Rajanna Siricilla District, without having any power or authority, contrary to the provisions of statute of The Telangana Bhu Bharathi (Record of Rights in Land) Acl,2025.'), without any basis or foundation of minimum satisfying the averments or allegations of the Respondent No. 5 to 7, in spite of producing the tifle documents such registration of sale deed of the 200g, old pattadhar pass book of 20.10, 1-B record of 20'14, Dharani pass book of 2020, Encumbrance certificate, Bhu- Bharath Land Record, Location [Iap, in respect of the land admeasuring Ac. 3-09 Guntas., in sy. No-3 of vattimalra Vi age, Konaraopet rvrandal, vemurawada Divison, Rajanna siricilla District., as being illegal, arbitrary, u ncon stitutio na I and violative of Articles 21 and 300-4 of constitution of lndia and consequenfly set aside the lmugned notice, No. D1l9\9l2o2s, dated 14.07.2025 passed by the Respondent No.2. !.A.NO:1 OF 2025 Petition Under Section '151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to stay all further proceedings against the impugned notice No. D/989/2025, dated 14.07.2025 issued by the Respondent No.2, till the disposal of above writ petition. Counsel for the Petitioner : SRI KONGALA MOHAN GOUD !9u1sel for the Respondent Nos.l to 4 : SRI L.RAV|NDER, AGp FOR REVENUE Counsel for the Respondent Nos.S to Z : - The Court made the following ORDER THE HON'BLE SRI JUSTICE K. LAKSHMAN WRITPETITION No. 22589 of 2025 ORDER: Heard learred counsel appearing for petitioner and Sri L Ravinder, leamed Assistant Govemment Pleader for Revenue appearing for respondent Nos'1 to 4'

2. Petitioner herein is claiming that he is the absolute owner and possessor of land admeasuring Ac'l'25 guntas & Ac.l.24 guntas and Ac.1.00 guntas & Ac'0'39 guntas' in total Acs.5.08 guntas, in Survey Nos'3 and 4 respectively' sifuated at Vattimalla Village, Konaraopet Mandal, Rajanna Sircilla District, on the strength of a registered sale deed bearing document No.4335 of 2009 dated 11'11'2009' According to him, on an application dated 30'06'2025 submitted by respondent Nos.5 to 7 with a request to take action against him in respect of the land to an extent of Acs'4'33 guntas in Survey No.3 situated at Vattimalla Vitlage, Konaraopet Mandal' 2od respondent, District Collector, Rajanna Sircilla' has issued a notice dated 14.01 .2025 directing them to appear before him 2 KI, J W P.No 22589 of 2025 on 26.01 .2025 along with all relevant documents. Furlher, pursuant to the said notice dated 14.07.2025, he appeared before 2nd respondent and when he tried to submit necessarv documents, 2"d respondent has thrown away the same Therefore. challenging the said notice dated 14.07.2025, petitioner has filed the present Writ petition.

3. It is the specific contention of the leamed counsel for the petitioner that 2"d respondent has no power to issue the impugned notice dated 14.07.2025 and conduct enquiry in terms of the Telangana Bhu Bharati (Record of Rights in Land) Rules, 2025. It is also the contention of the learned counsel that the total value of the land admeasuring Acs.4.33 guntas is below Rs.5,00,000/-. Therefore, 2od respondent is not competent authority and 3'd respondent, Revenue Divisional Officer, \/emulawada, Rajama Sircilla District, is the competent authority. There is a specific assertion in the writ affidavit to that effect.

4. Sri L. Ravinder, leamed Assistant Government pleader for Revenue, on instructions, would contend that the subject 3 (L, J W.P.No.22589 of 2025 land has already been notified under Section 15 of the Telangana Forest Act, 1967' Therefore, the Forest Department is in possession of the subject land but not the petitioner' However, as the value of the subject .land is below Rs.5,00,000/-, 2nd respondent has no jurisdiction to deal with the same as such he will folward the same to 3'd respondent'

5. In the light of the above, this Writ Petition is disposed of directing 2''d respondent to receive the explanation submitted by the petitioner along with all relevant documents and conduct enquiry strictly in accordance with the procedure laid down under law, pursuant to the impugned notice dated 14.01 .2025, by putting the petitioner, respondent Nos 5 to 7 and Forest Department on notice and affording them an opportunity. Liberty is granted to the petitioner to submit valuation certificate/reporl to 2"d respondent stating the total value of the subject land is below Rs'5,00'000/-' If any such valuation certificate/report is submitted by the petitioner' on going through the same, if 2nd respondent comes to the conclusion that he has no jurisdiction to deal with the 4 KL, J W.P-No.22589 ol2O25 (! application dated 30.06.2025 submitted by respondent Nos.5 to 7, he shall forward the same to 3.d respondent. Thereupon, 3'd respondent shall dispose ofthe same strictly in accordance with the procedure laid down under law, by putting the petitioner, respondent Nos.5 to 7 and Forest Depaftment on notice and affording them an opportunity. However, this exercise shall be completed within a period of sixty (60) days from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed ,/ //TRUE COPYII SD/.K. SREE RAMA MURTHY DEPUW REGISTRAR SECTTON OFFICER Of Telangana at Hyderabad.

1. The Principal Secretary, Revenue Department, Telangana Secretariat, State 2. The District Collector, Rajanna Siricilla District. 3. The Revenue Divisional Officer, Vemutawada, Rajanna Siricilla District. 4. The Tahasildhar, Konaraopet Mandal, Rajanna Siricilla District. 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 6. One CC to SRI KONGALA MOHAN GOUD, Advocate [OPUC] 7. Two CD Copies Hyderabad. [OUT] {t To SA BS r M / I lllE STa i4: o o 18 tlJE m25 + HIGH COURT DATED:01 10812025 ORDER WP.No.22589 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. ( F 1<