IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
M.A. Quadeer – Appellant
Versus
The State of Telangana – Respondent
WP 21658/2025
HON’BLE SRI JUSTICE K. LAKSHMAN
ORAL ORDER
Heard learned counsel for the petitioner and learned Government Pleader for Assignment.
2. Respondent No.4 has executed a deed of conveyance bearing document No.2654 of 2022, dated 28.03.2022 in respect of house bearing No.11-144, admeasuring 66.66 square yards in Survey No.144 of Dasnapur Village, Adilabad (Urban) Mandal within Adilabad Municipality, Adilabad District, in terms of G.O.Ms.No.59 of Revenue (Assn.I) Department, dated 30.12.2014. Vide impugned order dated 22.07.2025, respondent No.2 has cancelled the said conveyance deed on the following grounds:
“(i) In 2016 it was rejected by the then RDO Adilabad as it is open plot and also valuable land. But later it was approved and conveyance deed was done by the then Tahsildar. But the permission was issued to an open plot but not for a dwelling unit. It may be cancelled if agreed.
(ii) Further a proposal is under process at CCLA, Hyderabad to an extent of 100 sq. yds. It may not be recommended if agreed.”
It is further stated in the said impugned order that G.O.Ms.No.59 is applicable for dwelling houses but not for commercial purpose, costly lands etc. The subject land is valuable and it is adjacent to National Highway and is liable for cancellation.
3. It is the specific contention of the petitioner herein that the impugned order is without putting the petitioner on notice and without affording an opportunity. In the impugned order, there is no whisper about service of notice to the petitioner and affording an opportunity to him.
4. Therefore, with the consent of learned counsel for the petitioner and learned Government Pleader for Assignment, this writ petition is disposed of at the admission stage itself. The impugned proceedings No.E2/877/2025, dated 22.07.2025 of respondent No.2 are set aside. The petitioner shall submit explanation treating the said impugned proceedings dated 22.07.2025 as show-cause notice, to respondent No.2 within ten (10) days from the date of receipt of copy of this order, along with all relevant documents. On receipt of said explanation, respondent No.2 shall consider the fact that as per G.O.Ms.No.59, dated 30.12.2014, conveyance deed has to be executed in favour of a female member of the family. He shall also consider the purpose and object of G.O.Ms.No.59, dated 30.12.2014. Respondent No.2 shall consider the said aspects and other aspects and pass a reasoned order in accordance with law by putting the petitioner on notice and affording him an opportunity within thirty (30) days from the date of receipt of explanation from the petitioner. He shall communicate a copy of order to the petitioner herein. However, it is made clear that if the petitioner fails to submit explanation within ten (10) days, it is for respondent No.2 to take action in accordance with law. In the meanwhile, respondentNos.2 to 4 are directed not to take further steps pursuant to the impugned order dated 22.07.2025 including dispossession of the petitioner from the subject property. In the circumstances of the cases, there shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_________________ K. LAKSHMAN, J
24th July, 2025 Mgr
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