HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.309 of 2024

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue the direction or directions more particularly in the nature of writ of mandamus declaring the action of the respondent Nos.2 to 4 in rejecting the application of the Petitioner vide order dt 31.03.2023 for removing the name of the Petitioner in the Pahani Patrika and revenue records without issuing any notice or following due process of law and incorporating the names of the Respondent Nos.5 to 13 in the Pahani Patrika in place of the Petitioner in respect of the the agricultural land in Sy.Nos.31, 32, 33 admeasuring about Ac.02.05 gts, Ac.1.28 gts and Ac.1.00 gts in Sitarampally Village, Wargal Mandal, Siddipet District without assigning any reasons as illegal, arbitrary, violative of Article 300A of Constitution of India and principles of natural justice and consequently direct the respondent No.2 herein to re-consider the application of the Petitioner and restore the name of the Petitioner in the pahani Patrika and revenue records by removing the name of the Respondent Nos.5 to 13 in view of the representation/notice dt

28.10.2021 interest of justice.…”

2. It is the case of the petitioner that he is the owner and possessor of agricultural land admeasuring Ac.2.05 gts in Sy.No.31, Ac.1.28 gts in Sy.No.32, and Ac.1.00 gts in Sy.No.33 situated at Sitarampally Village, Wargal Mandal, Siddipet District, having inherited the same from his father, Late Shaik Ali, who was the original pattadar and whose was name reflected in the pahani patrikas since 1954-55. It is further case of the petitioner that after the demise of his father on 04.09.1981, he succeeded to the said property, and his name has been reflected in the revenue records and pahanis from 1990-91 onwards. The grievance of the petitioner is that, in the year 2021, he came to know that his name was deleted from the pahanis from the year 2011-12 onwards and that the names of Respondents 5 to 13 were illegally incorporated in the revenue records without issuing any notice to him. It is stated that the petitioner submitted representation dated 28.10.2021 to the Respondents 2 to 4 to rectify the entries in the revenue records and when there was no action, the petitioner filed W.P.No.39953 of 2022 on the file of this Court. This Court vide order dated 31.10.2022, disposed of the said writ petition, granting liberty to the petitioner to submit online application on the file of respondent No.2 along with relevant documents and on filing such application, the respondent No.2 was directed to consider the same and pass appropriate orders strictly in accordance with law by putting the petitioner, respondent Nos 5 to 13 therein and all affected parties on notice and affording them an opportunity of hearing. It was further observed that if the respondent No.2 was not inclined to accept the claim/request of the petitioners, he shall mention specific reasons and pass reasoned order. It is stated that in pursuance of the said order dated 31.10.2022, the petitioner submitted online application No.LM2200035082 dated 15.11.2022 and subsequently filed application No.C12300003335 on 19.01.2023 and also paid requisite fees. However, the respondents without assigning any reasons and without affording any opportunity of hearing, rejected the petitioner's application on

31.03.2023. Hence the writ petition.

3. Considered the submissions of the learned counsel for the respective parties and perused the record.

4. As seen from the material placed on record, the application No.C12300003335 dated 19.01.2023 submitted by the petitioner was rejected on 31.03.2023. Except stating that the “rejected by Collector”, no valid reason whatsoever has been assigned to enable the petitioner to take appropriate action. Since the impugned order is not in consonance with the principles of natural justice, the same is liable to be se