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2025 Supreme(Telangana) 282
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Korani Ravinder - Appellant
Versus
State of Telangana - Respondent
Writ Petition No.21467 Of 2023
Decided On : 02-05-2025
Advocate Appeared:
For the Appellant : K K MAHENDER REDDY PERI PRABHAKAR
For the Respondent: GP FOR MCPL ADMN URBAN DEV
The court ruled that the failure to follow due process in land resumption and auction violates principles of natural justice, rendering the auction illegal.
Headnote:(A) A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 14 and 3 - E-auction of land - Petitioners challenged the proposed e-auction of land without notice, claiming possession and ownership under the Act - Court found that resumption proceedings were not properly followed, violating principles of natural justice. (Paras 10, 41)
(B) Natural Justice - Requirement of notice and opportunity to be heard before adverse action - Court emphasized that arbitrary actions by authorities infringe upon the rights of individuals. (Paras 39, 41)
Facts of the case:
Petitioners, belonging to a Scheduled Caste community, claimed ownership of land allotted to their father under the Act, which was proposed for e-auction without proper notice. They contended that their father had paid for the land and had been in possession, but resumption proceedings were not validly executed.
Findings of Court:
The court ruled that the auction notice was arbitrary and illegal due to the lack of proper procedure and notice to the petitioners.
Issues: The main issues included whether the auction could proceed without proper notice and whether the resumption of land was valid.
Ratio Decidendi: The court held that the respondents failed to follow due process in resuming the land and issuing the auction notice, thus infringing upon the petitioners' rights.
Result: Writ petition allowed; e-auction set aside.
ORDER :
K. LAKSHMAN, J.
Heard Mr. Prabhakar Peri, learned counsel for the petitioners and learned Advocate General appearing for respondents.
2. This writ petition is filed to declare the action of the respondent No. 3 in proposing to conduct e-auction on 10.08.2023 in respect of land admeasuring Ac.4.19 guntas in Sy.No.288/4 of Budvel Village Rajendra Nagar Mandal, Ranga Reddy District, as part of Plot Nos. 14 and 15 ( for short, the subject property’), without issuance of notice, as illegal; to declare inaction of the respondent Nos.2, 4 to 6 in considering the representations filed by the petitioners for rectification of revenue records as illegal; consequently direct the respondent No.3 not to conduct any auction/e-auction in respect of the land of father of the petitioners on 10.08.2023, not to interfere with the possession and enjoyment of father of the petitioners over his land, to consider the representations submitted by father of the petitioners for rectification of entries in the revenue records and mutating their names in revenue records.
3. CONTENTIONS OF THE PETITIONERS IN BRIEF:-
i. They belong to Scheduled Caste community. Their father is landless poor.
ii. Government has taken over possession of surplus land to an extent of Ac. 281.61 guntas belongs to Raufuddin Hussain and Zakia Hussain, vide proceedings No.CC/411/75 and CC/412/75 of Land Reforms Tribunal, Hyderabad West Taluk, Ranga Reddy District, in terms of provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as ‘the Act, 1973).
iii. The land admeasuring Ac.4.19 guntas in Sy.No.288/4 situated at Budwel Village, Rajendra Nagar Mandal, Ranga Reddy District (hereinafter referred to as ‘the subject property’), was allotted to the father of the petitioners i.e. Sri Korani Ganesh, in the year 1978 subject to payment of Rs.375/- as per Section 14 (2) of the Act, 1973 in 13 equal annual instalments to the Government within 15 years from the date of the said allotment.
iv. Their father paid the said amount and became absolute owner and possessor of the land. His name was also mutated in the revenue records. Pattadar passbooks and title deeds were also issued in favour of their father. His name was also reflected in the I-B Register and pahanies. However, due to reasons best known to their father, in the pahanies, after 1997-98, subject land is mentioned as ‘Kharij khata’ but their father’s name was not mentioned.
v. Father of the petitioners has submitted several representations including representations dated 22.11.2019, 08.02.2020 to the respondent Nos.4 to 6 with a request to include his name in the pahanies. The same were not considered.
vi. The said land was not acquired for any other purpose and resumption proceedings were not passed.
vii. They placed reliance on the information obtained by them under RTI Act. In the year 1997, show cause notices were issued to the allotees of land in Sy.No.282 to 289 alleging violation of the rules and proposing to resume possession of the land. However, his father did not receive any such notice. The allottees who received the notices filed writ petition vide W.P.No.8612 of 2000 questioning the said notices. The said notices were set aside permitting the petitioners therein to submit explanations. 5th respondent passed proceedings No. D/3301/2000, dated 15.11.2002. Challenging the said proceedings, 23 allottees filed writ petition vide W.P.No.24120/2002. Vide order dated 30.04.2008, this Court set aside the said proceedings holding that the 5th respondent - RDO, Rajendra Nagar, did not follow the procedure laid down under law.
viii. In the month of March/April, 2023, some of the officials of the Revenue Department came to their house and the subject land asking them to sign certain documents relinquishing their rights on the said land but the petitioners have refused.
ix. 3rd respondent has erected hoarding in the said area proposing to sell 100 acres of land by dividing them into 14
