Telangana High Court
G.Venkat Ramana, vs The State Of Telangana on 13 August, 2020
Author: A.Abhishek Reddy
Bench: A.Abhishek Reddy
The Hon'ble Sri Justice A.Abhishek Reddy
Writ Petition No.12242 of 2020
Order:
This writ petition is filed for a mandamus to declare the
proceeding dated 25-07-2020, issued by respondent No.4-
Tahsildar, Mahabubnagar Rural Mandal, in File No.B/ROR/3607/2015, as illegal and arbitrary, and a consequential direction to set aside the same.
By the impugned order, respondent No.4 has ordered that, in view of the orders of respondent No.3- Revenue Divisional Officer, the name of respondent No.6 be recorded in the revenue records in place of the petitioners in respect of two extents of lands admeasuring Acs.2-20 guntas each (total admeasuring Acs.5-00) in Survey No.538 situated in the limits of Dharmapur Village of Mahabubnagar Rural Mandal.
While disposing of the appeal filed by respondent No.6 under Section 4-A of the Andhra Pradesh Assigned Lands (POT) Act, 1977, respondent No.3- Revenue Divisional Officer has passed the following order:
"It is further ordered to restore the original entries in ROR & Revenue Records in the name of appellants herein as was existed prior to recording the names of respondent Nos.2 and 3 herein (i.e.) in the name of Ramchandramma w/o Saayanna and pass appropriate orders duly conducting enquiry under the 2 WP.12242/2020 AAR,J statutory provisions of ROR Act 1971 by giving reasonable opportunity to all the interested persons and amend the entries in the ROR within (04) weeks from the date of receipt of this order. However, it is noticed that there is a possession suit is pending between the appellants & respondents herein before the Junior Civil Judge, Mahabubnagar in O.S.No.174 of 2019 and the Government is not the party and these orders are issued as per the merits of the case."
At the hearing, Sri Y. Chandrasekhar, learned Senior Counsel appearing for Sri Gopinath Lakkineni, learned counsel for respondent No.6, has fairly conceded that the impugned order passed by the respondent No.4- Tahsildar is not in consonance with the direction issued by respondent No.3- Revenue Divisional Officer and has requested the Court to treat the impugned order as a show cause notice to the petitioners and the petitioners be directed to file their explanation to the same and on such application being filed necessary orders be directed to be passed by respondent No.4- Tahsildar on merits.
In view of the above submission made by the learned Senior Counsel appearing for respondent No.6, the operative portion of the impugned order dated 25-07-2020, passed by respondent No.4- Tahsildar, in File No.B/ROR/3607/2015, is set aside. The impugned order shall be treated as a show cause notice to the petitioners. The petitioners are directed to file their explanation within a period of two weeks from the date of receipt of this order 3 WP.12242/2020 AAR,J along with all relevant documents and objections. On receipt of such explanation from the petitioners, respondent No.4 shall intimate the date of hearing to both parties and after affording them an opportunity of hearing, pass necessary orders on merits.
Subject to the above directions, the writ petition is disposed of The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ (A.Abhishek Reddy, J) Date: 13.08.2020 lur/smr