Research › Search › Judgment

Telangana High Court · body

2025 DIGILAW 667 (TS)

Marati Ramulu v. State of Telangana

2025-05-14

J.SREENIVAS RAO

body2025
ORDER : 1. This writ petition is filed for the following relief: “to issue Writ or Order or Direction more particularly one in the nature of Writ of Mandmus declaring the Notice of 4th Respondent/Tahsildar issued vide Lr. No. 2025 dated. 08.05.2025 for the purpose of dispossession showing the cause of excess land stated as proposed correction/deletion of Petitioners agricultral land an extent of Ac. 1.00 in Sy. No. 41/1E/3 and Ac. 1.00 Gts. in Sy. No. 41 in Parvathapur Village, Kondurg Mandal, Ranga Reddy District as ultra-vires, illegal, arbitrary, violation of Principles of Natural Justice guaranteed under Articles 14, 21, 300A of Constitution of India and against the provisions of Bhu Bharati (Records of Rights in Land) Act, 2025 and subsequently direct the official respondent Nos. 2 to 4 to follow the procedure as per the Law pertains to Petitioners agricultural land an extent of Ac. 1.00 in Sy. No. 41/1E/3 and Ac. 1.00 Gts. in Sy. No. 41 in Parvathapur Village, Kondurg Mandal, Ranga Reddy District and pass.” 2. Heard Sri K.Ramachandra, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4. 3. During the course of hearing, learned counsel for the petitioner restricted the relief and sought permission to the petitioner to submit explanation to the impugned notice dated 08.05.2025 issued by the respondent No.4 by raising all the grounds, which are available under law including the grounds, which are raised in the present writ petition. 4. In view of the above said submissions, with the consent of both the parties, the writ petition is disposed of at the stage of admission and notice in respect of respondent Nos.5 and 6 is dispensed with. 5. The facts giving rise to filing of this writ petition briefly stated are that the petitioner is owner and possessor of the agricultural land to an extent of Ac.1-00 in Sy.No.41/1E/3, Ac.1-00 in Sy.No.41 and Ac.0-20 guntas in Sy.No.41/3EE/1 situated at Parvathapur Village, Kondurg Mandal, Ranga Reddy District and the revenue authorities mutated his name in the revenue records and issued pattadar pass book. When respondent No.6 and her husband Shankaraiah are trying to interfere with the land to an extent of Ac.1-00 covered by Sy.No.41/1E/3 and Ac.1-00 in Sy.No.41, the petitioner filed the suit in O.S.No.103 of 2024 on the file of I Additional Junior Civil Judge, Shadnagar, Ranga Reddy District, seeking perpetual injunction. Along with the said suit, the petitioner also filed an application i.e. I.A.No.86 of 2024 for grant of ad interim injunction and an ex-parte ad interim injunction was granted on 20.03.2024 and the said injunction order is continuing till date and respondent No.6 was set exparte. At the instance of respondent No.5, respondent No.4 issued the impugned notice on 08.05.2025, though he is not having any such power to entertain the application for correction/deletion of the agricultural land to an extent of Ac.1-00 in Sy.No.41/1E/3 and Ac.1-00 in Sy.No.41 in Parvathapur Village and the same is contrary to the provisions of the Telangana Bhu Bharati (Record of Rights in Land) Act, 2025. 6. Per contra, the learned Assistant Government Pleader for Revenue submitted that the petitioner, without submitting any objections/explanation to the impugned notice dated 08.05.2025, straightaway approached this Court and filed the present writ petition and the same is not maintainable under law and the petitioner is entitled to raise all the grounds which are available before respondent No.4. 7. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner is claiming rights in respect of the subject property i.e. Ac.1-00 in Sy.No.41/1E/3 and Ac.1-00 in Sy.No.41 in Parvathapur Village, Kondurg Mandal, Ranga Reddy District. The record further reveals that respondent No.5 and seven others have submitted representation before respondent No.4 requesting them to correct the extent of the land and also delete the wrong entries. Pursuant to the same, the respondent No.4 had issued notice on 08.05.2025 directing the petitioner to submit explanation within a period of seven days. 8. The record further reveals that the petitioner, without submitting any objections to the above said impugned notice dated 08.05.2025, filed the present writ petition. The main contention of the learned counsel for the petitioner is that the petitioner also filed a civil suit, which is pending before the competent civil Court, wherein respondent No.6 is also made as party defendant and respondent No.4 is not having any authority to entertain the application. The main contention of the learned counsel for the petitioner is that the petitioner also filed a civil suit, which is pending before the competent civil Court, wherein respondent No.6 is also made as party defendant and respondent No.4 is not having any authority to entertain the application. This Court is of the considered view that the petitioner is entitled to put forth his objections to the impugned notice. However, without raising any such objections the petitioner straightaway approached this Court by filing the present writ petition. 9. Taking into consideration the facts and circumstances of the case, this Court deems it appropriate to permit the petitioner to submit explanation/objections by raising all the grounds which are available under law to the impugned notice dated 08.05.2025 within a period of one week from the date of receipt of a copy of this order. On receipt of such objections, respondent No.4 is directed to consider the same and pass appropriate orders in accordance with law within a period of three (3) weeks thereafter, after giving opportunity of personal hearing to the petitioner as well as respondent Nos.5 and 6 and any other affected parties. Till such time, respondent No.4 is directed not to take any coercive steps in respect of the subject property. 10. With the above said direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, pending if any, shall stand closed.