✦ High Court of India · 31 Oct 2025

WRIT PETITION NO: 33175 OF 2025 v. 1. The State of Telangana

Case Details High Court of India · 31 Oct 2025
Court
High Court of India
Decided
31 Oct 2025
Bench
Not available
Length
1,262 words

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 lssue inteiim crders staying all further proceedings pursu'ant to notice dated 25- 10-2025 in Case No E/238512025 on the file of the Revenue Divisional Officer, lbrahimpatnarn Division, Ranga Reddy District., pending disposal of the writ petition. Counsel for the Petitioner: SRl. R. SUSHANTH REDDY Counsel for the Respondents No 1 To 3: SRI L. RAVINDER AGP FOR REVENUE Counsel for the Respondents No 4 To 6: - - - The Court made the following: ORDER n TIIE HONOURABLE SRI JUSTICI E.V.VENUGOPAI I IIIRIT PE"IITION No.33175 of 2or25 ORDER: This writ petition is filed seeking the following relieft "...to issue a writ order / direction more particalarlg one in the nafitre of Writ of Mandamus declaring the notie in Case No.E/2385/2O25, dated 25.10.2025 and all proeedings in Case No.E/2385/2025 bsued bg respondent lVo.3 as being illegal, arbitrary, without jurisdiction and unconstihttional and to consequentlg set aside the said notice and the proceedings in case No.E/ 2385/ 2O2 5..."

2. Heard learned counsel for the petitioner and Mr. L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3.

3. Learned counsel for the petitioner submitted that the petitioner is the owner and possessor of land admeasuring Ac.0-01 guntas in Survey No.194/AA /L and Ac.4-00 guntas in Survey No.194/RRu/ 1 of Bodakonda Village, Manchal Mandal, Rangareddy District having purchased the same under registered sale deed bearing document No.2L64O of 2019, dated LO.O7.2O19. Pursuant to the execution of the said sale deed, the petitioner's name was mutated in the revenue records and the petitioner was in possession of the said lands in Survey No.194 of Bodakonda Village, Manchal Mandal, Rangareddy District t, I I I

4. It is further submitted that, to the petitioner's surprise, a notice 2 dated 25.LO.2025 bearing Case No.E/238512025 was served on him on 30.LO.2O'25 by the staff of the Office of respondent No.3. The said notice states that, based on a request made by one Mr. Sapavath Balu Nayak, R/o.Yellamma Thanda Village, Manchal Mandal, Rangareddy District, on 14.07.2025, the subject matter has been referred to the National Cornmission for Schedule Tribes. It is contended that the impugned notice does not disclose the substance or the nature of allegations against the petitioner, thereby depriving him of an effective opportunity 1.o respond.

5. Learnerl counsel for the petitioner further submitted that the notice merel;r dir:ects the petitioner to appear before respondent No.3 on O 1.1 1 .2025 at 1 1:OO AM or through counsel and to submit documentary evidence in support of his claim, without mentioning the basis or grou nds for such appeara.nce. It is contended that the same is vague, arbitrary and violative of principles of natural justice . It is further argu€:d that the petitioner was not granted reasonable time to prepare or submi.t his explanation.

6. Learnecl counsei placed reliance on the order passed by this Court in W.P.No.2239 of 2019, wherein a similar notice issued. by the Tahsildar, Armoor Mandal, Nizamabad District, was set aside on the ground that it was issued without reference to any enabling provision ':, ) 3 or ca!.se of action and submits that the case in hand is also similar to that of the order passed by this Court in the present writ petition, therefore seeks to pass appropriate orders.

7. Learned Assistant Government Pleader for Revenue on the other hand submitted that under Section L46 of the'Land Revenue Act, the official respondent No.3 is vested with the powers of conducting summarJi proceedings on an application made by the aggrieved party and therefore seeks to dismiss the present writ petition and to direct the petitioner to appear before the said authority and submit his I I explanation. \

8. This Court having heard the submissions of learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, finds that impugned notice issued by respondent No.3 grants only five (5) days time for the petitioner to appear and subrnit documentary evidence. The said notice neither discloses the subject matter nor indicates the provision of law under which it has been issued. The absence of such details renders the notice ambiguous and incapable of enabling an effective response. In the said circumsta,nces, this Court deems it appropriate to set aside the impugned notice dated

25.LO.2025 bearing Case No.E/2385/2025. However, it is made clear that this order shall not preclude respondent No.3 from issuing a notice, clearly speci$ring the provision of law under which it is issued, i I I I I .:i .,'I, '=:!i..1 , .6m 4 the subject matter or allegations and granting the petitioner atleast 15 days time to file their explanation and supporting documents by issuing notice to all the concerned parties including that of the unofficial respondents. Since notice to the unofficial resondents has already been ordered, the same is hereby dispensed with.

9. With the above directions, this writ petition is disposed of. There shall be no order as to costs. As a s,:quel thereto, miscellaneous applications, if any pending, in this petiti,tn, shall stand closed. B.G. VYJAYANTHI REGISTRAR //TRUE COPY// SECTION OFFICER To,.

1. The Prircipal Secretary Revenue Department, State of Telangana, Secrete riat, Hyderabad.

2. The Dis,trict Collector, Ranga Reddy District, lntegrated District Office Comple.xes, Kongara Kalan Village, lbrahimpatnam Mandal, Ranga Reddy District, Telangana 501 51 0.

3. The Revenue Divisional Officer,, lbrahimpatnam Division, Ranga Reddy District.

4. One CO to SRI. R SUSHANTH REDDY, Advocate [OPUC] 5. Two CCs to GP FOR REVENUE ,High Court forthe State.of Telangana at Hyderalrad . IOUTI

6. Two C[) Copies DAN TKS -*ll ar, * HIGH COURT DATED i:r111012025 ORDER WP.No.33175 of 2025 (J t * rtE1 s 1 g [iB 2|126 * DISPOSING THE WRIT PETITION WITHOUT COSTS o pI ,\M a €

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