Panjala. Laxmamma v. The State Of Telangana And 3 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DT. JUSTICE SHAMEEM AKTHER wRrT PETIT|ON NO. 17412 0F 2020 Between:

Panjala Laxmamma, W/o. Late Du R/o. Veloor Village, Wargal Mandal, rg J a Goud, Aged about 75 years, Occ: Agriculture, iddipet - tr/edak District ...pETrroNER AND

1. The State of Telangana, Rep. by its Principal Secretary Revenue Department, BRK Bhavan, Tank Bund Road, Hyderabad.

The District Collector, Siddipet - Medak District, Siddipet. The Revenue Divisional Officer, Siddipet Revenue Division, Siddipet - IVedak District, Siddipdt.

The Thasidhar, Wargal Mandal, Siddipet - Medak District. WaTgaLES'ONDENTS ?

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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of the Respondents No.4 in threatening to disposes the petitioner from the schedule property and with out issuing or serving the copy of order vide proc.No.B/1552/2013 dated 06.02.2014 and after six years issued the Memo No. B/1552/20'1 3 dated 06.09.2020 to the Girdavar/Village Revenue officer directing to take back the land by conducting panchanama and deleting petitioner's name from revenue records for the schedule property in Sy No. 37014 to an extent of Ac 01.

03 guntas situated at Veloor Village, Wargal Mandal, Siddipet - Medak District is illegal, arbitrary, contrary to the provisions of Record of rights act besides violation Article 14, 19, 21 & 300-A Constitution of lndia by setting aside the same and consequently direct the Respondents Not to disposes the petitioner from the schedule property. lA NO: 'l OF 2020 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 suspend the operation of the order vide proc.No.Bl155212013 dated 06.02.2014 and the Memo No. B/1 552i2013 dated 06.09.2020 issued by the Respondents No. 4 and Not to disposes the petitioner from the schedule property in Sy No. 37014 to an extent of Ac 01.

03 guntas situated at Veloor Village, Wargal Mandal, Siddipet - Medak District by considering the Representation of the petitioner dated 10.09.2020 pending disposal of Main writ petition.

Counsel for the Petitioner: SRI G. SRIDHAR REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.174T2 oT 2O2O ORDER:

This Writ Petition, under Article 226 of the Constitution of India is filed by the petitioner, wherein, the following prayer is made:

"...to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the high handed action of the Respondents No,4 in threatening to dispossess the petitioner from the schedule property and without issuing or serving the copy of order vide proc. No. B/ 155 2/ 2Ot3 dated 06,02.2014 and after six years issued the Memo No,B/LSS2/2O13 dated 06.09.2020 to the Girdavar/ Village Revenue Officer directing to take back the land by conducting panchanama and deleting petitioner's name from revenue records for the schedule property in Sy.No.37Ol4 to an extent of Ac.o1.03 guntas situated at Veloor Village, Wargal Mandal, Siddipet-Medak District, is illegal, arbitrary, contrary to the provisions of Record of Rights act besides violation Articles 14, 19, 21, & 3OOA Constitution of India by setting aside the same and consequently direct the Respondents not to dispossess the petitioner from the schedule property and to pass such other order or orders...,"

2.

Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondents and perused the record.

3.

The learned counsel for the petitioner would submit that the petitioner is the owner and possessor of land admeasuring Ac. 1.03 gts in Sy.No.37014 situated at Veloor Village, Wargal Mandal, Siddipet-Medak District. The respondent No.4-Tahsildar, Wargal Mandal, Medak District, without issuing any notice to the petitioner, passed the order dated 06.02.2014 in proceedings No.B/f55212013 and ordered, resumption of subject Iand. Furthermore, aFter more than six years/ the respondent No.4 has also issueQ," a Memo dated 06.09.2020 directing the lvlandal

Girdavar at Wargal and Village Revenue Officer (VRO), Veloor village to resume the subject land into Government custody by evicting the petitioner, which is illegal, arbitrary and ultimately prayed to grant the relief as indicated above. 4, On the other hand, learned Assistant Government Pleader for Revenue would submit that there is specific mention in the order dated 06.02.2014 passed by the respondent No.4, that notice was issued to the pattadar i.e, petitioner and it was received by the petitioner and she failed to submit her explanation. It is further submitted that against the order dated 06.02.2014 passed by the respondent No.4-Tahsildar, the petitioner has to prefer an appeal under Section 44 of the Telangana Assigned Lands (Prohibition of Transfers) Act, 7977 but not the writ petition and ultimately prayed to dismiss the writ petition.

5.

A perusal of the impugned order dated 06.02.2014 vide Proceedings No.B/1552/2013 passed by the respondent No.4Tahsildar, Wargal Mandal, Medak District, reveals that notice was received by the petitioner and she failed to submit her explanation to that notice. Therefore, in this writ petition it is not appropriate to hold that the order dated 06.02.2014 was passed without issuing notice to the petitioner and the consequential Memo dated 06.09.2020 issued by the respondent No.4, directing the Mandal Girdavar and VRO, Veloor Village, to resume the subject land by evicting the petitioner, is liable to be set aside. In the given circumstances of the case, the petitioner

ought to have filed an appeal before the Revenue Divisional Officer, seeking appropriate relief, which she did not do so. Since there is clear mention in the order dated 06.02.2014 passed by the respondent No.4, with regard to service of notice, no relief as sought by the petitioner can be granted in this writ petition. However, the petitioner is entitled to work out the remedies before competent authority, in accordance with law. 6.

With the above observations, this Writ Petition is disposed of. No costs.

The miscellaneous petitions pending, if any, shall stand closed.

SD/. CH.VENKATESWARU ASSISTANT REGIS i/TRUE COPY'

SECTION OFFICER To,

1. The Principal Secretary Revenue Department, State of Telangana, BRK Bhavan, Tank Bund Road, Hyderabad.

2. The District Collector, Siddipet - Medak District, Siddipet.

3. The Revenue Divisional Officer, Siddipet Revenue Division, Siddipet - Medak District, Siddipdt.

4. The Thasidhdr, Wargal Mandal, Siddipet - Medak District. Wargal.

5. One CC to Sri G. Sridhar Reddy, Advocate IOPUC]

6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies.

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HIGH COURT DATED:7/1212020 TAIe'

S e tr e o 22 DECM z + * ,/-s oF

ORDER

WP.No.17412 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS aro