Gentena Venkata Sivaiah v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY,THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 23806 OF 2020 Between:

Aged 34 years.

Rudraram Village, Occ Agriculture Shabad Mandal Gentena Venkata Sivaiah, S/o Kondaiah R/o Upparapally, Attapur Mandal, N/o Rangareddy District, Telangana State.

...PETITIONER AND

1. The State of Telangana, Rep.by its Prl Secretary, Revenue Department, Secretariat. Hyderabad.

2. The District Collector, Rangareddy District. Hyderabad.

3. The Revenue Divisional Officer, Chevella. Rangareddy District.

4. The Tahsildar,, Shabad Mandal.Rangareddy District.

5. Etyala Jagan, S/o E.Dasu, Aged 32 years, Occ Agriculture. R/o Rudraram Village. Shabad Mandal, Rangareddy District.

RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of mandamus, declaring the action of action of the respondents the action of the respondent No 4 in passing the impugned order of resumption vide Procgs No. B.1144412020 daled 27.05.2020 in respect of my land in Sy.No 116122 oI an extent Ac 2.00 gts of Rudraram Village, Shabad Mandal, Rangareddy District without following the due process of law and in violation of the Board Standing Orders 'l 5 to 18, as illegal. arbitrary and in violation of Art 300-4 of the Constitution of lndia and consequently' praying this Honble Court to set the aside the impugned order vide Procgs No.

B1144412020 dated 2710512020 of the 4th respondent. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to stay all further proceedings in respect of the Procgs No. 8.1144412020 dated 2710512020 passed by the 4th respondent and direct the respondents not to dispossess the petitioner of the land in Sy.No 116122 of an extent Ac 2.00 gts of Rudraram Village, Shabad Mandal, Rangareddy District, pending disposal of lhe main Writ Petition. Counsel for the Petitioner : SRI V. R. MACHAVARAM Counsel for the Respondent Nos.1 to 4: AGP FOR REVENUE Counsel for the Respondent No.

THE HON'BLE DT. JUSTICE SHAMEEM AKTHER WRIT PETITION No.23806 of 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 a writ or order or direction more particularly one in the nature of mandamus, declaring the action of action of the respondents the action of the respondent No 4 in passing the impugned order of resumption vide Procgs No. B/L444/2O2O dated 27.05.2020 in respect of my land in Sy. No tL6/22 of an extent Ac 2.00 gts of Rudraram Village, Shabad Mandal, Rangareddy District without following the due process of law and in violation of the Eoard Standing Orders 15 to 18, as illegal, arbitrary and in violation of Art 3OO-A of the Constitution of India and consequently praying this Hon'ble Court to set the aside the impugned order vide procas No, B/L444/2O2O dated 27.05.2020 of the 4th respondent and pass such other order or orders,.."

2, Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and perused the record.

3. The learned counsel for the petitioner vehemenfly contended that the impugned order, dated 27 .05.2O2O, in Proceedings No.B/t444/2020 of the 4th respondent/Tahsildar, Shabad lvlandal, Ranga Reddy District, was passed without issuance of any notice to the petitioner herein. The petitioner is a purchaser of the subject land for valuable consideration. A notice under the Telangana Assigned Lands (prohibition of Transfer) Acf, 1977 (for short, 'Act 9 of L977'), is necessary before passing the impugned order, dated 27.05.2020. There is a patent irregularity on the part of the 4th respondent in passing --.

,/

the impugned order, dated 27'05'2020' on this ground' the petitioner wanted this Court to set aside the impugned order' dated 27.05.2020'

4.

On the other hand, the learned Assistant Government Pleader for Revenue would submit that the procedure contemplated under Act 9 of 1977 has been followed by the authorities concerned' A notice under Form No I & II was issued to the original assignee as well as the transferee of the subject land. Therefore, no irregularity is committed in passing the impugned order' Further' it is contended that the petitioner oughttohavefiledanappealbeforetheappropriateauthority challenging the impugned order' dated 27'05'2020' He did not do so. The writ petition is devoid of merlt and is liable to be dismissed and ultimately prayed to dismiss the writ petition'

5. A perusal of the impugned order' dated 27 '05'2020 ' reveals that notice under Form No'II was issued to the petitioner herein and a copy of the impugned order is also communicated to the petitioner herein' Whether notice has been issued to the petitioner before passing the impugned order' daled 27 '05'2020' dealt and answered bY aPProPriate or not, can as well be petitioner has to challenge the appellate authoritY' The 27 .05.2020, before the aPProPriate impugned order, dated appellate authority under Section 4-A of Act 9 of 1977 ' Under grant the relief these circumstances, this Court declines to The Petitioner is sought by the petitioner in this writ petition'

J granted liberty to workout the remedies available to him under Act 9 of L977 .

6.

With the above observation, this writ petition is disposed of. No costs.

N4iscellaneous petitions, if any, pending in this writ petition, shall stand closed.

SD/.B.SATYAVATHI ASSISTANT REG,TSTRAR h\'/ SECTION OFFICER I ,TRUE COPY'

To,

1. The Prl Secretary, Revenue Department' State of Telangana' Secretariat' Hvderabad.

, T#;i.fi;i Collector, Rangareddv District tlvderabad' j The Revenue Divisionat 6'iL-er' drrevetta ,R#gareddy District' i iiiE i;h;ik# si,eb?i YT,X?:ff X%ffiS,1v" ?d1',!'3r

5. One CC to Sri V. R. Mac

6. Two CCs to GP tor nevenirel fligil Co'rt for fhe State of Telangana at Hvderabad. [OUT]

7. Two'CD CoPies SM\

HIGH COURT DATEDt31l1212020 r,iEx TAr4r s e tl 0 I JAU 2021 o (-) c) * 1j

ORDER

WP.No.23806 ol 2020 DISPOSING OF THE WP WITHOUT COSTS \\'J, r ! coprer) \ )* o1\ot\ )-O)-\