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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Kattela Ramaiah S/o. Late Ramaiah – Appellant
Versus
State of Telangana, Rep.by the Principal Secretary, Revenue Department – Respondent
| Table of Content |
|---|
| 1. challenge to land allotment (Para 1 , 2) |
| 2. petitioner's counsel submission (Para 3 , 4 , 5) |
| 3. standing counsel's submission (Para 6 , 7 , 8) |
| 4. court's view on allotment (Para 9 , 10 , 11) |
| 5. lack of jurisdiction (Para 12 , 13 , 14) |
| 6. writ petition outcome (Para 15 , 16) |
ORDER :
1. This Writ Petition is filed challenging the proceedings Nos.B/14/97, dated 21.01.2008 and BYB/B/14/06, dated 03.10.2007 issued by the respondent No.2 and sought to set aside the same on the ground that the said proceedings were issued without affording any opportunity to the petitioner.
3. The learned Counsel for the petitioner would submit that the respondent No.2, in the year, 1979, allotted the land admeasuring to an extent of Ac.5.00 guntas in Sy.No.190 of Tatiparti Village of Yacharam Mandal, Ranga Reddy District in favour of the father of the petitioner i.e. Kattela Ramaiah, vide Proc.No.3827 dated 20.03.1979. One Kattela Yellaiah S/o. Chinnaiah and Kattela Jangaiah S/o. Veeraiah were also allotted the land admeasuring to an extent of Ac.5.00 guntas each through Proc.No.3825 and 3826 dated 20.03.1979 in the same survey number and the name of father of the petitioner was also recorded
The court ruled that actions taken without notice and after a significant delay are arbitrary and violate principles of natural justice, rendering such orders invalid.
The court emphasized the necessity of adhering to proper statutory procedures for land donation and the principles of natural justice in revenue record mutations.
Procedural fairness is essential in property disputes; authorities must adhere to legal mandates before altering land records, ensuring all parties have a chance to contest changes.
The court ruled that cancellation of land allotment must follow principles of natural justice, including providing notice and opportunity to be heard, emphasizing procedural fairness.
A landless person can be granted land under the U.P. Bhudan Yagna Act irrespective of their residency in the village where the land is located, as long as there are no eligible landless persons in th....
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