Gangi Jagan vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:28587 OF 2022 Between: Ganqi Jaqan, Sio Narsimha, aged about 61 years, R/o H'No 5-1, Ankushapur Villade, GEatkesar Mandal, R.R.District. ...PETITIONER AND 'l .

The State of Telangana, rep' by its Principal Secretary, Revenue Department, Seeretariat, HYdPrabad.

2.

The District Collector, Medchal-Malkajgiri District.

3.

The Tahsildar, Ghatkesar Mandal Medchal-Malkajgiri District' ...RESPONDENTS Petition Under Article 226 o1 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 ihe nature of Writ of Mandamus, to declare the aCtion of the 3rd respondent in erecting the caution Board in the petitioners land in sy.No.

196/Lu admeasuring Rc.

O.5S gts., situated at Ankushapur village, Ghatkesar Mandal, Medchal- Malkajgiri District, erstwhile Ranga Reddy District, without passing any orders on the ei[lanation d1.14.O.2022 submitted by the petitioner to the show Notice dt.

26.5.2022 bearing No.

Bt3BBt2O22, as being illegal, arbitrary, . unjust, unconstitutional ant colourable exercise of powers and consequently direct the 3rd respondent not to adopt any illegal and coercive methods without following the due process of Law. l.A.NO:1 OF 2022 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 direct the Respondent No.-3 herein to forthwith remove the caution board erected in the petitioners land in sy.No.

196/Lu admeasuring Ac.

0.33 gts., situated. situated.at Ankushapur village, Ghatkesar Mandal, Medchal-tr/alkajgiri District, erstwhile [ 3256 ] l Ranga Reddy District, by preventing him from interfering with the peaceful possession and enjoyment of the petitioner, pending disposal of the main writ petition.

Counsel for the Petitioner : M/s.P.VIJAYA LAKSHMI Counsel for the Respondents : GP FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR ORDER: Heard, Iearned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.

This Writ Petition was filed on 07.O7.2022 contending that though petitioner had submitted an explanation in response to the notice issued by respondent No.3 bearing No.B/38812022, dated 26.O5.2O22, respondent No.3, without passing any order ancl without considering the explanation submitted by the petitioner, had erected a caution board in the land assigned in lavor of the petitioner admeasuring Ac.0.33 gts., situated in Sy.No.

196/Lu of Ankushapur Village, Ghatkesar Mandal, Medchal-Malkajgiri District.

When this matter came up for admission on 08.07.2022, this Court granted time to learned Assistant Government Pleader to get instructions in the matter and on failure of the respondents to lurnish instructions to the learned Assistant Government Pleader, this Court passed an interim order on O8.O7.2O22 directing the respondents not to interlere with the possession and enjoyment of WRIT PETITION No.

285a7 OF 2022 \ISK.J 1\p 1i587 202r the petitioner over the subject land.

The sajd interim order has been exLended lrom limc lo time.

4.

Thc lcarncd (]overnment Pleader placed before this Court writtcn instructions rcceived from respondcnt No.3.

A perusal of the same shows that respondent No.3, on having considered the explanation submitted by the petitioner, passed al order bearing No.B/388/2-022, datcd 30.06.2022, ordeiing for resumption of the subject land.

A copy of the said order is ajso placed before this Court. his Court.

Having perused the said order this Court called for the record from respondent No.3 pertaining to the said proceedings dated 30.O5.2O22 and accordingly, the recold is placed before this Court.

From a perusal of the same, it is seen that the order dated 30.06.2022 passed by respondent No.3 herein was dispatched by the office of respondent No.3 only on 05.06.2022 and even before the same is served upon the petitioner, a Panchanama is shown to have been conducted on 06.07.2022 itself, by taking over the possession of the subject property.

5.

Under the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 ["the Act, 7977" for brevity], as *. -/ 2 11SK.J \ l35ti7 l0ll against an order passed under Section (4) of the Act, 1"977, there is a statutory remedy of appeal provided under Section 4(A) of the said Act and a further remedy of revision under Section 4(B) of the said Act, 1977, is provided.

But in the instant case, respondent No.3 even before a copy of the order, dated 30.06.2022, is served upon the petitioner, stated to have taken over possession of the subject land from the petitioner.

Though, this Writ Petition is filed alleging that no order has been passed by respondent No.3, it is now clear that, respondent No.3 has already passed an order on 30.06.2022, but the said order is not communicated to the petitioner till the date of hling of the present Writ Petition.

6.

Under the above circumstances, it is for the petitioner to agitate against the order dated 30.06.2022 by availing the remedy of appeal provided under Section 4(A) of Act, 1977 or otherwise.

Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to avail the remedy of appeal provided under Section 4(A) of Act, 1977, against the order passed by respondent No.3 bearing No.B /3aa /2022, dated 30.06.2022 if he so chose within a period of three (03) weeks from the date of receipt of a copy of this order and the interim order, dated O8.O7. ted O8.O7.2O22, passed by this Court shall a,., 3 \ t \ ls L..l !\ t, 18i87 l0l2 continuc t.) olleratc till lhe (lisposal of the appcal by the appellate au thoritJ .

7 .

If no appeal is filed by the petitioner within the time permitted by this Court, the respondents aIe at liberty to take further acl-ion pursuant to the order dated 30.06.2022 passed by respondent No.3 herein.

A-s a sequel, miscellaneous petitions, pending if any in this Writ Petition, shall stand closed.

There shall be no order as to costs.

4 //TRUE COPY// sD/- N.SRTHART ASSISTANT REGISTRAR ./t I SECTION OFFICER To S 1 .

The Principal Secretary, Revenue Department, Secretariat, State of Telangana at Hyderabad.

The Tahsildar, Ghatkesar Mandal Medchal-Malkajgiri District.

Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] 5.

One CC to M/s.P.VIJAYA LAKSHMI, Advocate [OPUC] 6.

Two CD Copies 7.

One spare copy .A,{.A-- HIGH COURT MSK,J DATED:21 l1U2A22 ORDER WP.No.28587 of 2022 DISPOSING OF THE W.P \.\E STAI€ i 2 B OIT ?[I? ^{\1 (\\.'\ WITHOUT COSTS. -] t (