V. Srinivasa Raju v. The Chief Principal Secretary

THE HON'BLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON No.2394 of 2019 ORDER:

The grievance of the petitioners is with regard to the order dated 28.11.2018 passed by the District Collector, Ranga Reddy District, rejecting their request to delete the land admeasuring Acs.132.29 guntas in Survey No.103 of Shamshabad Village and Mandal, Ranga Reddy District, from the list of prohibited properties notified under Section 22-A of the Registration Act, 1908.

Sri N.Ravi Prasad, learned counsel for the petitioners, would contend that though voluminous material was placed before the District Collector, Ranga Reddy District, in support of the petitioners' claim, the District Collector ignored the same and recorded in the order that the petitioners failed to produce any evidence in support of their claim. It is on this basis that the District Collector rejected the request of the petitioners.

Sri N.Ravi Prasad, learned counsel, placed before this Court a volume of documents issued under the Right to Information Act, 2005, by the office of the District Collector, Ranga Reddy District, which had been filed by the petitioners in support of their claim. Though the learned Assistant Government Pleader for Revenue, State of Telangana, was asked to get instructions as to whether the material placed before this Court was filed before the District Collector, Ranga Reddy District, he fairly states that he was unable to get instructions even after a week.

In that view of the matter, the only inference that can be drawn by this Court is that the District Collector, Ranga Reddy District, failed to take

note of the voluminous material filed by the petitioners in support of their claim, be it for whatever reason.

The impugned order dated 28.11.2018 passed by the District Collector, Ranga Reddy District, is therefore unsustainable, as all the material placed before him was not taken into consideration. The writ petition is accordingly allowed setting aside the impugned order dated 28.11.2018 and remitting the matter to the file of the District Collector, Ranga Reddy District, for consideration of the petitioners' claim afresh by duly taking into account the voluminous material filed by them. The petitioners shall also be afforded an oral hearing before final orders are passed in the matter. This exercise shall be completed expeditiously, and in any event, not later than three months from the date of receipt of a copy of this order, be it from whatever source. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE SANJAY KUMAR Date:11.06.2019 Note:

Furnish C.C. in one week.

(B/o) GJ