B. V. Narayana Reddy, v. State Of Telangana, Rep. By Its Principal Secretary,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.2010 OF 2017 ORDER:
This writ petition is filed challenging the proceedings No.D/1245/2015, dated 31.10.2016, wherein the 4th respondent deleted the names of the petitioners by including the name of 6th respondent-temple, without issuing any notice to the petitioners in respect of the lands in Survey Nos.78 to 81, Attapur Village, Rajendranagar Mandal, Ranga Reddy District.
Learned Assistant Government Pleader for Revenue on instructions submits that the impugned proceedings is only a general notification.
Heard learned Assistant Government Pleader for Endowments.
A perusal of the impugned proceedings goes to show that no individual notices were issued by the 4th respondent as per Section 5(3) of the A.P.Rights in Land and Pattadar Pass Books Act, 1971. The respondents shall issue notices before making any changes in the revenue records, to the persons whose names were appearing in the revenue records. But, the respondents did not issue any notice to the petitioners which is in violation of principles of natural justice. In view of the same, the impugned proceedings dated 31.10.2016 are liable
set aside only on the ground of violation of principles of natural justice.
In view of the same, the writ petition is allowed setting aside the proceedings No.D/1245/2015, dated 31.10.2016 issued by the 4th respondent in so far as the lands claimed by the petitioners in Survey Nos.78 to 81, alone; and the matter is remitted back to the 4th respondent. Further, the 4th respondent is directed to pass appropriate orders, in accordance with law, after issuing notices to the petitioners and other affected parties. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _____________________________ A.RAJASHEKER REDDY, J 14.02.2017 t k.