High Court · 2025

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 issue appropriate writ, order or direction preferably a writ rn the nature of writ of CERTIORARY calling for the records relating to case No. El46l2O22 dated 01-10-2024 passed by the District Collector, Wanaparthy, pertians to entries in the revenue records of the agricultural land assigned to the petitioner for an extent of Ac. 2.00 Gts., in Sy. No. 280/8 situated in Ayyavaripally Village, Pebbair ltilandal and quash the same as illegal, arbitrary, against the principles of natural justice and violative of Article-14 of Constitution of India, and consequently direct the Respondent No.3 to conduct de novo enquiry under Section-166 (B) of The Telangana Area Land the Revenue Act, 1317 fasli, by giving opportunity to the Petitioner lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High court may be pleased to suspend the impugned order bearing case No. El46l2O22 dated 01-10-2024 passed by the District collector, wanaparthy whereunder it was directed to the Respondent No. 5 to delete the entries of an agricultuaral land to an extent of Ac. 2.00 Gts., in Sy No 280i8 situated in Ayyavaripally Village' Pebbair [Vandal, wanaparthy District, assigned to the Petitioner pending disposal of the above writ petition Counsel for the Petitioner: SRl. R. PAVAN REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No .37118 of2O24 ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "..to is-sue turit or ord.er or direction more panlicularlq in fhe nature oJ Wit of Ceftiorrtri, callin.g for the re:cord.s relatingt to case No.E/ 46/ 2022 datecl 01.1O.2024 pussed bg the District Collector, Wanaparlhg, peftians to enties tn tLrc reuertue records of firc aqicurtura.r lancr cLssigned to the petitioner Jbr at7 extett of Ac.2.0O (Jts., in sll.No.2B0/8, situated in AggaucLipallg Villaqe, Pebbair Mandal artd quash the same as illeqal, arbitrary, against the principles of rrutural jttstice antl uiolatiue of Articte 14 oJ'Constitution of Inrli., and. conserquerLtly direct the resporul.ent No.3 to cond.uct cle nouo enquiry un.der Sectiort I 66(b) oJ the Telonqana Area Land Reuenue Act, 1317 fasli, by qiuinq oppofiunitlJ to tlrc petitbner and to pass,. ,,

2. Considered the submissions of the learned counsel for the respectivc parties and with their consent this writ petition is disposecl ol at rhe admission slage.

3. lt is stated that the petitioner u,as assigned agricultural lancl to an extent of Ac.2.00 gts., in Sy.No.28O/g, situated at Ayyavaripally Village, Pcbbair Mandal, Wanaparthy District uide F inal patta Certificate No.B/366/2OOO, dated 2O.O2.2OOO and the revenue authorities have also issued pattadar passbook and title deed as per the provisions ol the Telangana Rights in Land and pattadar Passbooks Act, 197I. It is further stated that she has received various incentives as investment subsidies sanctionecl by the State ) .- CVBIt. J rry 17118_2024 GovernmcnL frrr cultivation of thc subject land and she has not violated anv ol the tcrms and corrditions cnunciated under G.O.Ms.No.14r)€r, dated 25.07.195a. The grievancc of the petitione r that respc,r'rcicnt No.3-thc Ilistrict Collector, rvhrle exercising 1S powers under Section 166(8) of tl'rc Tclangana Lar-rd Revenue Act, 1317 fasli (for short, 'the Act'), uide Case No.tr l a6 l2022, dated O1.1O.2024 has cancellcd the assignmenl patta certificale and pattadar passbook issued to her without issuing atly notice or without condu,cting any cnquiry

4. A careftrl reading of tl're order passed by respondent No.3 in Case No.tr/46 12022, daLed Ol.lO.2O24 u,ould reveal that enquiry has been conducted alleging that the pctitioner has fraudulently obtained the pattadar passbook and notice under Scction 166(8) of the Act has also bccn issue d to the petition er uide ref .Nc:.E /46 /2022, dated O2.05.2024 directing to appear in pcrson on 18.05.2024 and to produce relevnnt records. It would further reveal that on 27.O7.2024, the petitioner appeared and filcd an order copy in O.S.No.1 11 of 2022 on the file of Principal Civil Judge, Wanaparthy. It would further reveal Ll-rat respondent No.3 has relied upon the enquiry report submittcd by the Revenue Divisional Officer, Wanaparthy, stating that no assignment file bearing No.B/36612OO0 in respect of thc subject land is available in the ofhce. Except stating that the (.VBI{, J wp 371 ltt 2024 petitioner has not produced any materiai to the satislaction of the respondent authorities, therc is no "vhisper that the petitioner has illegally obtained patta in respect of the subject proPerty. 5, Learncd Assistant (]overnment Pleader appearing for the respondenls have made efforts to enlarge the scope of the order passed by respondent No.3 to say that in the absence of the assignment certi{lcate being availablc, a presumption can be drawn that no final patta certificate lras been issued to the pctitioner.

6. It is scttled law that if the respondents are relying upon the enquiry report of the Revettue Divisional Officer for coming to the conclusion that the petitioner has fraudulently obtained patta certificate, the said report ought to have been supplied to the petitioner and explanation ought to have been called basing on the said report. However, in the instant case, without furnishing a copy of the enquiry report which is basis to say that thcre is no such assignment certificate available and without providing an opportunity of hearing to the petitioner to establish her pleas, the respondents have presumed that no final patta certificate has been issued due to lack o[ supporting matcrial on record' Furthermore, the procedure adopted by the respondents in cancelling the assignment which has been granted in the year 2OO0, i.e-, after 24 years, is not in consonance with the principles of natural justice. + C'VBR. J wp 37118 2024 -

7. In vicu of the above, the irnpugncd orclcr in case No.E/4612022, datcd O1.1O.2O24 passcd by respondcnt No.3 is liable to be sct aside and is accordingly set aside. Howevcr, libcrty is granted to respondent No.3 to issue frcsh show causc notice to thc pclitioner calling for explanation and also supply a cop1, of thc enquiry rcport of the Revenue Divisional Officer to tl-re ltetitioner and after considcring the cntire documents and after providing opportunity ol pcrsonal hearing, the respondent authorities shall pass appropri:rte rcasoncd order under Scction 166(8) of thc Act and communicatc the same to the pctitioner n,ithin a per-iod of thrcc (03) months from todav.

8. With tl'r,: al>ovc observations, this Writ Petition is disltoscd of. No order as to costs As a sccluel, thc miscellancous petitions, il ar-l , pt:nding in this writ petitir>n s}-rall stand closed. //TRUE COPY// SD1. L. VIJAYA LAXMI ASSIS ANT REGISTRAR ECTION OFFICER To, T.S.,Hyderabad. Road, Hyderabad 1 The Principal Secretary (Revenue Assignment Department), Secretariat, 2. chief commissioner of Land Administration (ccLA) Abids. Nampally station 3. The District Collector, Wanaparthy, Wanaparthv District. 4. The Revenue Divisional-Officer, Wanaparthy, Wanaparthy District. 5. The [\4andal Revenue Officer, pebbair Man<ial, Wan'apart'hy Distiitt 6. One CC to SRl. R. PAVAN REDDy, Advocate topubl 7. Two ccs to GP FoR REVENUE ,High court tor tre siate of rerangana at B. Two CD Copies BIUo,l{z Hyderabad [OUT] HIGH COUR'T DATED:0210112025 ORDER WP.No.37118 of 2024 1ttE STA r€ t c L) 2 [ l{hff zffi t Dr.. o ,i t DISPOSING OF THE WRIT PETITION WITHOUT COSTS 0 6 q b /"r< t,