P. Krishnam Raju v. 1. The Tahsildar

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, of Mandamus or any other appropriate writ or order or direction declaring the action of the 1st Respondent in mutating the name of the 4th respondent in the revenue records for the year 2010-11 and in Dharani Portal under Khata No.352 in respect of land admeasuring Ac.3-00 guntas in Sy.No.1Bl7 of Somaram Village, Medchal Mandal, Medchal-Malkajgiri District without passing any orders/enquiry in the proceedings No.B/499/2019 and proceedings bearing / File No.B/1 76212019 as illegal, arbitrary and bad in law and violative of petitioners rights guaranteed under Article 14 and Article 300A of the Constitution of lndia and consequently direct the 1't respondent to restore status quo ante by restoring the name of the petitioner in the RoFl/Revenue Records in respect of land admeasuring Ac.3-00 guntas in Sy.No.18/7 of Somaram Village, Medchal Mandal, Medchal-Malkajgiri District and thereafter pass appropriate orders in pursuance of his show cause notices dated 27.08.2008 and 20.'l 1.2008 after considering the objections of the petitioner and after giving the opportunity of personal hearing. lA NO: 1 OF 2022 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 direct the 1st respondent to block Khata No.352 in the Dharani Portal for all further transactions in respect of land admeasuring Ac.3-00 guntas in Sy.No.18/7 of Somaram Village, Medchal Mandal, Medchal-Malkajgiri District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI P. BALAJI VARMA Counsel forthe Respondent No.1 to 3: SRI D.V. CHALAPATHI RAO, AGP FOR REVENUE Counsel for the Respondent No.4: - - The Court made the following: ORDER /, / HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION N0.33998 of2022 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the follorn ing reliel "....to issue a Writ of Mandomus or anA other appropriate uit or order or direction declaring the action of the la respond.ent in mutating the name of the 4th respondent in the reuenue recttrd.s for the Aear 2010 11 and in Dharani Portal under Khata No.3S2 in respect of land admeasuing Ac.3.00 guntcLs ln Sg.No.l8/ 7 of Somaram Village, Medchal Mandol, Medchal-Malkajgii District without possing anA orders/ enquiry in the proceedings No.B/ 499/2019 and proceedings beaing File No.B/ 1762/ 2Oj9 as illegal, arbitrary and bad in law and uiolatiue of petitioners ights guaranteed under Articles 14 and 3OOA of the Constitution of India ond consequentlg direct the 1i respondent to restore status quo ante bg restoing the name of the petitioner in the ROR/ Reuenue Records in respect of land admeasuring Ac.3.OO guntas in Sy.No.18/7 of Somaram Village, Medchal Mand.al, Medchal-Malkajgiri District and thereafter pass appropiote ord.ers in pursuance of his show cause notices dated 27.O8.2008 and 20.11.2008 afier consideing the objections of the petitioner and afier giuing the opportunitA of personal heari.ng... ."

2. Considered the submissions of Sri Balaji Varma; learned counsel for the petitioner and Sri D.V.Chalapathi Rao, learned Government Pleader for Revenue appearing for respondent Nos.1 to 3.

3. The petitioner claims to be the owner and possessor of land admeasuring Acs.3-OO guntas in Sy.No.1B/7 situated at t I l Somaram Village, Medcha-l Mandal, Medchal-Malkajgiri District, havirrg purchased the same under registered sale deed bearing document No.4O6 I of 198 1 dated 27 .1 1. 198 1. It is the case of the petitioner that respondent No.1-the Tahsildar has issued a shor.r'-cause notice dated 29.03.2005 under Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 1977 directing the petitioner to show cause within fifteen days from the date of receipt of the notice as to why he should not be summa.rily evicted from the said land and as to u'hy any crop or other product raised on the lalds and aly building or other constructions erected or anything deposited thereon should not be forfeited; and soon after receipt of the said show cause notice, the petitioner submitted his explanation on

15.04.2005. It is the further case of the petitioner that pending con sideration of the said explanation, when the respondent -authorities have threatened him to dispossess from the subject propert5r, he was constrained to fiie W.P.No.15B3 I of 2OO5 before this Court and the said writ petition lr'as disposed of vide order dated 2l.O7.2OOS directing the respondent therein to consider the explanation submitted by the petitioner and pass appropriate orders within a period J g of eight weeks from the date of receipt of a copy oI_the order after giving opportunity of being heard to the petitioner. orders were explanation on 4 ' Learned counsel for the petitioner submitted that in terms of the order dated 2l.OZ.2OO5 passed by this Court in W.P.No.15831 of 2005, the respondent authorities have conducted enquiry and rssued another show_cause notice dated 20.11.200g and soon after receipt of the said shou, cause notice, the petitioner submitted his 02.12.2008; and when no passed by the respondents, he filed W.p.No.3723 3 of 2OlZ before this Court and the said writ petition was disposed of vide order dated 16.11.2012 directing the respondent therein to pass appropriate orders on the explanation of the petitioner. The grievance of the petitioner is that without passing any orders, the respondents have entered the narne of respondent No.4 in the Dharani portal in respect of the subject property, which action amounts to violation of the principles of naturai justice. 5. Learned Assistant Government pieader for Revenue appearing for respondent Nos.l to 3 relying upon the counter affidavit filed by respondent No.l_the Tahsildar, submitted 4 that as per Khasra Pahani for the year 1954-55, the lald admeasuring Ac.50.33 guntas 1n Sv. No. 18 situated at Somaram Village, Medchal Mandal, Medchal-Malkajgiri District is Government lald recorded as "Poramboke Sarkari" and the said extent was assigned to the laldless poor persons and as such the petitioner is not entitied to purchase the Government lands

6. A careful examination of the records reveals that the petitioner has purchased the subject property under registered sale deed bearing document No.4061 of 1981 dated 27 .71.198I and thereafter notices have been issued by the respondents stating the nature of the land is classified as assigned lands. It is further stated that soon after receipt of the said show cause notices, the petitioner has submitted explanation and instead of passing {ina1 orders, the respondent authorities have repeatedly issued show cause notices to the petitioner, which action clearly shows the non- application of mind on the part of the respondent authorities. 7 . In vier.v of the above and to put quietus to the litigation, this Court deems it appropriate to dispose of this writ petition I I -) directing respondent No.2-the District Collector to cali for records connected u,ith the notice vide dated 29.03.2005 issued by the Tahsildar. If the petitioner fulfils all the necessary requirements for restoring his name in the revenue records, the respondent-authorities shall consider the same after providing arr opportunity of hearing to the petitioner and other effected persons and pass a reasoned order in accordance with law, within a period of six (06) months lrom the date of receipt of the order and communicate the same to the petitioner.

8. With the above direction, the Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, sha-ll stand closed. \ \ To, //TRUE COPYi/ Sd/- P. PADMANABHA REDDY TANT REGISTRAR SECTION OFFICER 1 2 3 4 5 A The Tahsildar, Medchal, lVledchal Mandal and District The District Collector and Magistrate, Medchal District The Principal Secretary, Revenue Department, The State of Telangana, Secretariat Buildings, Hyderabad One CC to SRI P. BALAJI VARMA, Advocate IOPUC] Two CCs to GP for Revenue, High Court for the State of Telangana. [OUT] Two CD Copies BN [/B'\ aw HIGH COURT DATED:2210112025 ORDER WP.No.33998 of 2022 / \ o?. l iiE S l r', (- 2 0 FrB 20fr .s 'ttctr-r) * "\ +'\ ;) DISPOSING OF THE WRIT PETITION WITHOUT COSTS