M/S.City Heights Builders India Pvt. Ltd v. State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.920 of 2019 ORDER:

The prayer of the petitioner is this case reads as under: "That this Honourable Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the respondents 3 and 4 in trying to change the entries in concerned revenue records in ROR in respect of land total admeasuring of Acs.21-24 gts under Sy.Nos.

18, 19 and 20 situated at Mallapur Village, Balapur Mandal, Ranga Reddy District, without issuing any mandatory notice to the petitioner who is in possession and enjoyment of subject land and without following due procedure contemplated under law as illegal, arbitrary, unjust, unconstitutional and violative of principles of natural justice and also contrary to provisions of Telangana Rights in Land and Pattadar Passbooks Act, 1971 and the Rules made thereunder and consequently direct the respondents not to change entries in concerned revenue records in respect of subject land without following the procedure contemplated under law to pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case."

Sri Mohd. Moin Ahmed Quadri, learned counsel for the petitioner, would state that the revenue authorities are proposing to change the entries in the revenue records, but no notice has been issued to the petitioner in that regard.

Learned Assistant Government Pleader for Revenue, State of Telangana, would inform this Court that in the light of the Full Bench decision of the erstwhile High Court of Judicature, Andhra Pradesh, in Chinnam Pandurangam Vs. Mandal Revenue Officer, Serilingampally Mandal, Ranga Reddy District and others1, which would be binding on the revenue authorities of the State of Telangana, no change in the revenue records would be undertaken without putting on notice the person whose name already finds mention in the revenue records as against that particular land. 1 2007 (6) ALD 348 (FB)

In the light of this submission made by the learned Assistant Government Pleader, it is clear that the petitioner is only apprehending that the revenue authorities would undertake changes in the revenue records without putting it on notice as regards the land in relation to which its name already finds mention in the revenue records.

The Writ Petition is accordingly closed taking on record the stand put forth on behalf of the revenue authorities. Pending Miscellaneous Petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 22nd January, 2019 DR