IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Munnamgi Sreedhar Rao & another – Appellant
Versus
The State of Telangana & others - Respondents
Writ Petition No.2706 of 2019
Decided on : 21-12-2023
ORDER:
Heard the learned counsel Mr.L.Preetham Reddy, appearing on behalf of the Petitioners and the learned Government Pleader for Revenue on behalf of respondents 1 to 4 and learned Counsel Mr. Bobbili Srinivas, on behalf of Respondent No.5.
2. PRAYER :
Petitioners approached the Court seeking prayer as under :
3. Case of the Petitioners as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition in brief is as under :
a) The petitioners have purchased the land from Battula Rajani, who in turn purchased it from M/s Indian Poultry Pvt. Ltd, under two registered sale deeds both dated 27.12.2010 bearing Document No. 4732/2010 for an extent of Ac. 10-00 in Sy.No. 92/3 in favour of 1st petitioner and further executed another registered sale deed in favour of 2nd petitioner bearing Document No. 4731 of 2010 for an extent Ac. 16-00 in Sy.No. 92/2 and Ac.6-00 in Sy.No. 92/3, Nagasanpalli village, Gram Panchayath Thimmapur, Kodipallimandal, Medak district. The petitioners herein also obtained respective pattadar pass books bearing No. 141150 and 11228371 respectively.
b) Thereafter, it appears that, on 26.06.2015, the 5th respondent has made a representation to the 3rd respondent without enclosing any documents requesting to enter the 5th respondent’s name in the revenue records from the year 1991-92 onwards by deleting the names of Basic Breeders, G.V. Aswin Reddy and B. Rajini. Thus, based on the said representation, the 3rd respondent entertained the same in an improper, illegal manner without any authority of law. The 3rd respondent herein merely relied upon the report alleged to have been submitted by 4th respondent dated 24.08.2015, who in turn relied upon an ex parte report of V.R.O. Nagasanpalli dated 03.07.2015.
c) Subsequently, the 3rd respondent herein on one hand states that files are not traced in his office nor called for the file from the R.D.O. office, Medak and came to a wrong conclusion not only with regard to the entries and also with regard to the ORCs without any justification in an arbitrary manner. The 3rd respondent further informed the 2nd respondent herein to take up Suo moto revision u/s 9 of the Act and also to take up steps for deletion of names of Mallaiah and 5 others and all subsequent purchasers and to restore the land as Inam, so as to enable him to issue Occupancy Rights Certificates.
d) Therefore, the 2nd respondent herein at the behest of the 3rd respondent initiated Suo motto proceedings No. F3/518/2018 and issued a notice dated 02.01.2019 to the petitioners herein. In the said proceedings, though the 3rd respondent letter dated 27.03.2018 was referred as the basis for the decision, for deletion of alleged wrong entries in respect of Ac. 157-12 gts. said to have been made in the pahanies for the year 1986-87, however it was upon the alleged application of the 5th respondent made before the 3rd respondent that the proceedings impugned had been initiated against the petitioner.
e) Moreover, in the said proceedings neither the application is said to have been made by the 5th respondent before the 3rd respondent, nor documents referred to or at least the letter dated 27.03.2018 of the 3rd respondent were enclosed by the 2nd respondent herein.
f) The 2nd respondent without verifying the records from the concerned authorities merely
Joint Collector, Ranga Reddy District & Another etc., Vs. D. Narsing Rao etc., & Others etc.
S.P.Chenganvaraya Naidu vs. Jagannath (Dead) by LR’s & Others
The court ruled that delayed administrative actions undermining property rights must be resolved through civil courts, emphasizing the importance of timely legal recourse.
The exercise of revisional power under the Telangana Rights in Land and Pattadar Pass Books Act after a significant delay is improper and violates principles of natural justice.
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
Point of law: Any person aggrieved by any order made by the State Government or other authority in exercise of the powers conferred on it by the Act or these rules may, within three months of the dat....
Claims for land ownership after significant delays must be addressed by civil courts, as administrative bodies cannot adjudicate on disputed titles without violating established rights.
The scope of judicial review is confined to decision making process and not the decision per se.
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
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