THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SRI JUSTICE VAKITI RAMAKRISHNA REDDY WRIT APPEAL No.856 OF 2025

JUDGMENT:

(Per Hon’ble Sri Justice Abhinand Kumar Shavili)

This Writ Appeal is filed aggrieved by the order, dated

25.02.2025, passed in W.P.No.5756 of 2025 by a learned Single Judge of this Court.

2. Heard Sri Sai Krishna Goginepally, learned counsel for the appellant and learned Government Pleader for Assignment appearing for the respondents.

3. Learned counsel for the appellant had contended that the appellant is the owner of agricultural lands admeasuring Ac.2-30 guntas in Survey No.27/5 and Ac.5-00 in Survey No.61/38 situated at Sardapur Village, Siricilla Mandal, Rajanna-Siricilla District, having purchased the same by way of registered Sale Deeds from the original assignees, who were granted assignment way-back in the years 1961 and 1991. Learned counsel further contended that the vendors of the appellant were ex-service men personnel and political sufferers and that after 10 years of assignment of the subject lands to them, the appellant has purchased the same and the name of the appellant was also incorporated in the revenue records. While so, respondent No.3-Additional Collector, without giving any opportunity to the appellant, has issued proceedings, dated 11.11.2024, wherein a direction was given to respondent No.4 to resume the lands in question from the appellant and to delete the name of the appellant from the revenue records. Based upon the said proceedings, dated 11.11.2024, the Tahsildar filed a criminal complaint against the appellant on 28.11.2024 and the same was registered as F.I.R.No.719 of 2024 of Siricilla Town Police Station. Along with the complaint, the said proceedings, dated 11.11.2024, were also annexed. Learned counsel further contended that it is only after receiving a copy of the said F.I.R., the appellant has come to know about the existence of proceedings, dated 11.11.2024.

4. Learned counsel for the appellant had further contended that respondent No.3 has erroneously came to a conclusion that the lands in Survey Nos.27 and 61 are Government lands and taken a decision to resume the lands in question from the appellant and a direction was also given to respondent No.4 to resume the lands in question. Learned counsel further contended that before arriving to such a conclusion that the appellant is an encroacher of Government land and that the lands in question are Government lands, no opportunity was given to the appellant and respondent No.3 has unanimously came to a conclusion that the lands in question are Government lands. Learned counsel further contended that the moment the appellant received the proceedings, dated 11.11.2024, which was annexed to the said F.I.R., the appellant has approached this Court and challenged the proceedings, dated 11.11.2024, by filing the subject W.P.No.5756 of 2025 and the learned Single Judge of this Court was pleased to dispose of the Writ Petition vide impugned order, dated 25.02.2025, directing respondent No.4 to follow the due procedure by issuing notice to the appellant before taking any action, and after considering the objections and verifying relevant records, pass appropriate orders.

5. Learned counsel for the appellant had further contended that though the learned Single Judge has remitted the matter to respondent No.4 to follow due process of law by giving opportunity to the appellant and pass appropriate orders, as long as the findings of respondent No.3 in the proceedings, dated 11.11.2024, are staring at the appellant, no useful purpose would be served. Therefore, appropriate orders be passed in the appeal by directing respondent No.4 to adjudicate the issue as to whether the lands in question are Government lands or the lands belonging to the appellant, without being influenced by any of the observations made by respondent No.3 in the proceedings, dated 11.11.2024.

6. Learned Government Pleader for Assignment appearing for t