THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

WRIT PETITION No.35336 of 2025

ORDER

This Writ Petition is filed seeking the following relief:-

“…to issue an appropriate writ, order or directions more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly respondent No.2 in issuing Lr.No.E2/1297/2024, dated 29.11.2024 by holding that the petitioner’s land admeasuring Acs.3.00 guntas in Sy.No.164/3, situated at Sarumpalli Village, Thangallapalli Mandal, Rajanna Sircilla District is a Government land and entered the same in the revenue records irregularly in violating the POT Rules and thereby directing respondent No.3 to resume the said land by marking it as Government land in Dharani portal, is without issuing any notice or otherwise to the petitioner, as highly illegal, arbitrary, bad and contrary to the violation of Section 4 of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act, 1977”) and also amounts to violation of Articles 14 and 300-A of the Constitution of India and principles of natural of justice and set aside the same and consequently, direct the respondents and their subordinates not to interfere with the petitioner’s peaceful possession and enjoyment

including the cultivation …”

2. Heard Sri Bethi Venkateswarlu, learned counsel for the petitioner and Ms.Snehita, learned Assistant Government Pleader for Assignment appearing for the respondents and

with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner would submit that the petitioner is the owner and possessor of the land admeasuring Acs.3.00 guntas in Sy.No.164/3, situated at Sarumpalli Village, Thangallapalli Mandal, Rajanna Sircilla District. Learned counsel for the petitioner would further submit that the name of the petitioner was incorporated in all the revenue records and the revenue authorities also issued pattadar passbook bearing No.T19090100388 vide Khata No.808 in his favour. It is further submitted that, vide Lr.No.E2/1297/2024, dated 29.11.2024, respondent No.2 had directed respondent No.3 to resume the subject land and submit compliance. Basing on the said letter, respondent No.3 vide Lr.No.B/1006/2024-1, dated 30.11.2024, directed respondent No.4 to enquire, resume and mark the subject land immediately as Government Land in Dharani immediately without fail and submit compliance. Learned counsel for the petitioner would further submit that, without issuing any notice to the petitioner the impugned proceedings were issued and the said action amounts to violation of principles of natural justice.

4. Learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 would submit that submit that a Criminal Case vide Crime No.437 of 2024 was registered against the petitioner for the offences punishable under Sections 120-B, 420, 467, 471 and 409 read with 34 of I.P.C. Therefore, it can be deemed that the petitioner has knowledge of the proceedings. He would further submit that the petitioner ought to have approached the official respondents if he is aggrieved by the impugned proceedings by filing a revision before the appropriate authority but the petitioner, without availing the said remedy, rushed to this Court at a premature stage.

5. Having heard the learned counsel for the respective parties and on examination of the impugned order, it is observed, nowhere found that the petitioner is put on notice before issuing the impugned proceedings.

6. A Full Bench of this Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal and others, AIR 2008 AP 15, had categorically held that, before correction/amendment/change of the revenue records, a notice has to be issued to the interested persons, whose names are reflected in the revenue records.

7. In the instant case also, the name of the petitioner was found in all the revenue records and he was also issued pattadar passb