The High Court · 2025

...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or Direction, more particurarry one in the nature of writ of [Mandamus, decraring the action of the Respondent No.4 in issuing impugned notice bearing Lr No.D/g6 68r2021 dated 30/06/2025 as iilegar, unconstitutional, arbitrary and without jurisdiction and set aside the same. lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the r:i cumstances stated in the affidavit filed in support of the petition, the High court n r y be pleased to direct the Respondents 2 to 4 to grant some time to petitioner to tr y the balance amount of Rs.1,34,18,1001, pending disposal of the aboveWrit pett rn Counsel for the Petitioner: MS. AISHWARYA, REPRESENI NG SRI JEERIPOTHULA SRINIVA:; Counsel forthe Respondents: SRU K, RAVINDER, AGp F: R REVENUE The Court made the following: ORDER ry// ,/ :i,&: THE HONOURABLE SRI JUSTICE E'V'VENUCTOPAL WRIT PETITION No.29 O89 of2025 ORDER This writ petition is filed seeking the lollorving relief "...to issne an appropiate Wn| Order ot Directiorr' rnore paflicularlg one in the nature ol Wnt of Morularrtrts' 'cleclaing the action of the respondent 1Vo 4 irr t's'stttng inrptqnid notice beonng Lr. No' D/ 8668/ 202 I ' (l(tted legal, uncorrsriltrf iortcl, arbitranl atul S6.O6.ZOZS as tuitllout luisdictlon ond set Qsrclc tlrc sortte atrcl l)(r'ss s^r1c/r otlter or orders.. ."

2. Heard Ms.Aishwarya, learned counsel representltlg Sri J.Srinivas, learned counsel for the petitioner and Sri L.Ravinder, Iearned Assistant Government Pleader for Revenue appearing for respondents' Perused the record' Learned counsel for the petitioner would submit that 3. an auction notice was published by responclent No 4 in all major newspapers on 30 09 2024 stating that the land/property will be sold by publication for arrears o[ revenue under the provisions of Section 36 of the Telangana Revenue Recovery Act, 1864 (for short the Act' 1864'\, unless the defaulter or other person acting on his behalf, or claiming an interest in the land' tenders the full ., arnount of the arrears of revenue, with inter,r ;t and other charges, beforr: sunset on the day 22.1O.:l )24 to that alrpointcd for t he sale i.e. , 2310.2024 . Thc retitioner is participated in the said auction and has becor-: successful bidder, accordingly deposrted 15% of the totzrl ;ale amolrnt of Rs.21,67 ,9OO I and to enable the petitior :r to make further pavment zrs per the tcrms of the auctio I conducted on 03.O5.2025. But, the petitioner has not dor e and made a representation on 11.06.2025 to responder-1 Nos.2 to 4 for extension of time to clear the remailt g amollnt. However, the respondents have not acl upon the represenLation made by the petitioner. She r,. u1d further submit that a noltce uide letter No.D/8668 l'. 021, datecl 30.06.2025 has been issued to the p,r itione r b1, rcspondent No..t -Tahsildar under ihe Act, i64 stating that the amoLrnt credited i.e., Rs.32,76,9OO1 - r,, rs forfeitcd. She would lurther submit despite acknou J :dging t]-re representatior-r clated I I .06.2025, neither anr action has been taken lrl the respondents, nor any repl. has bcer-r given to the said rcpresentation by the official r t spondents. She would further submit that a representalr: I u as also ./' 3 made by the petitioner on 05.05.2025 seeking information pertaining to the property which has been put for auction and also to enter upon to the sale deed to enable to the petitioner to obtain necessary grant, no reply has been given to the said representation as we1l. Therefore, she lvould seek appropriate direction to the respondents to provide the information as sought for by the petitioner vide representation dated 05.05.2025 and to grant further ertension of time to enable to the petitioner to pay balance due amount to the official respondents account.

4. On the other hand, learned Assistant Government Pleader for Revenue would submit that the representation on which the petitioner has been relied upon dated

05.05.2025 does not contain any endorsement. He rn'ou1d further submit that the petitioner has been declared as successful bidcier and being the highest bidder to the said auction, the successful bidder shall also deposit 15ol' of the sale amount on the date of sale and the remaining $/ithin 3O days from the date of sale, failing which the 157o of sale amount shall be forfeited and accordingly the right of the I 4 participants in the auction not been considerr: i as per the terms of the auction. The petitioner has to s f -ict1y fo11ow the Lerms of the same. In the absence of any t: 'ms notified auction cannot be considered. It is further sr- I mitted that as per the orders of this Court in C.C. No.2 I 16 ol 2022, dated 21.03.2025, th e auction has been cor lucted and due to non adherence to the terrns agreed - lon by the petitioner, said rmpugned notice has been issue 1 under the Act, 1864 to the petitioner. Hence, there is ro ir-rfirmity can be attributed in the impugned notice a r d seeks to dismiss this writ petition

5. Having heard lcarned counsel for th : petitioner, learned Assistant Government Pleader for Fl venue and upon perusal of the materials placed before thi Court and on examination of the same, this Court with rut making any observation s or-r the merits or demerits r I the case, deems it appropriate to direct the official res,1 ondents to examine the case of the petitioner ar-rd if permi ted by law, grant one other opportunity to deposit the bakr Lce amount along with the applicable interest to th -. credit of 5 respondent No.4 within a period of thirty (3O) days from thc date of receipt of a copy of this order if he is otherwise eligible.

6. With the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs --7 D/.P. PONNA SIST ANT SHNA GISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary to Govt Revenue Department' The State of ' i;[;s;;;, Seeretariai, Hvderabad -500o22

2.TheDistrictCollector,HyderabadDistrictCollectorOffice6-2-'10'Lakadikapul' Hyderabad-500004

3. The Revenue Divisional Oflicer, Flat No' 308 and 310' 3rd floor' DBS House " ilili;6,'p;rio'ise ctrcre, Sirbar patet R^d. sappu Bagh Apartment, Joganr. Ramgopatpet, Hyderabad, Telangana 500003

4. The Tahsildar, Flat No. 308 and 310, 3rd Floor'.DBS House' 1-7-43-46' - P;;rilG;Ci[te, SaroarFl]"r Co'o sappu^Bagh Apaprtment' Josani' nirg"pulp"t, Hyderabad, Telangana 500003

5. One CC to Sri Jeeripothula Srinivas, Advocate [OPUC] 6.TwoCCstoGPforRevenue,HighCourtfortheStateofTelangana,at Hyderabad [OUT]

7. Two CD CoPies TJ HIGH COURT DATED:2411012025 ORDER WP.No.29089 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ;b b $ STA u 3 rtB 2u6 (- I ( ? * t *'Z *