An administrative order altering revenue records that removes a party's name without providing notice or an opportunity to be heard is unsustainable as it violates the principles of natural justice.

ORDER:

With the consent of both the parties, this Writ Petition is taken up for disposal.

2. Aggrieved by the action of the 4th respondent in issuing proceedings vide No.B/0759/2018 dated 20.02.2020, removing the name of the petitioner from the Pattadar Passbooks in respect of the land in Sy.No.229/2, admeasuring Ac. 1-13 guntas, and Sy.No.259/EE, admeasuring Ac. 0-25 guntas, situated at Yellareddyguda Village, Narketpally Mandal, Nalgonda District, the present Writ Petition is filed.

3. Heard Ms. K.Hemalatha, learned counsel for the petitioner, and learned Government Pleader for Revenue appearing for the respondents.

4. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the land in Sy. Nos. 224/U and 259/EE of Yellareddyguda Village, Narketpally Mandal, Nalgonda District. The said land has been inherited to the petitioner and his name has been duly mutated in the Revenue records and petitioner is possession and enjoyment of the said property. It is further submitted that on the application filed by Respondent No.5, his name was mutated in the revenue record against the petitioner’s name over an additional extent of land which had already been mutated in the name of the petitioner without issuing notice or affording an opportunity of personal hearing to the petitioner. Respondent No.4 has conducted an enquiry in collusion with Respondent No.5 and passed the impugned order dated 20.02.2020, altering the entries in the revenue record. Questioning the said action of the respondents, petitioner seeks indulgence of this Court.

5. Learned Government Pleader submits that the impugned order dated 20.02.2020 has been passed based on the application submitted by Respondent No. 5, wherein he sought entry of his name in the Pattadar Passbook in respect of an additional extent of land.

6. It is evident from the record that admittedly no notice was issued to the petitioner while passing the impugned order dated 20.02.2020, wherein his name was removed from the Pattadar Passbook in respect of land in Sy. No. 229/2, admeasuring Ac. 1-13 guntas, and Sy. No. 259/EE, admeasuring Ac. 0-25 guntas, situated at Yellareddyguda Village, Narketpally Mandal, Nalgonda District. Therefore, the impugned order dated 20.2.2020 is unsustainable solely on the ground of violative of principles of natural justice and is liable to be set aside.

7. Accordingly, the Writ Petition is allowed and the impugned order dated 20.02.2020 is hereby set aside. The matter is remitted back to Respondent No. 2 for fresh consideration after affording due opportunity to both the parties. Respondent No. 2 is directed to decide the matter on merits and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits or demerits of the impugned order.

Miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.