Telangana High Court
Khorshed Shapoor Chenai,Adarsh ... vs The Joint Collector, Medak District And ... on 7 August, 2025
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.33458 of 2012
ORDER:
Heard learned counsel for the petitioner and Sri.H.Rakesh Kumar,
learned Assistant Government Pleader for Revenue appearing for
respondent Nos.1 to 3. With their consent this writ petition is taken up for
disposal.
2. This Writ petition is filed seeking the following prayer:-
"to declare the order dated 02.07.2012 passed by the first respondent
dismissing the Revision in file no.F3/5227/2006-F3/40/Assgn/2006
filed by the petitioner under section 4-(A)(2) of the Andhra Pradesh
Assigned Lands (Prohibition on Transfer) Act 1977 for default
without giving any notice to the petitioner and in violation of the
principles of natural justice as being arbitrary and unjust ."
3. Brief facts stated in this writ petition are that the petitioner claims to
be owner of land admeasuring Ac.1.08 guntas in Sy.No.128 of Ramaipally
Village, Toopran Mandal, Medak District, having acquired the same
through registered sale deed bearing document No.1740 of 1987 dated
26.05.1987. The case of the petitioner is that respondent No.3, claiming that
the subject land is Government Land issued show cause notice dated
05.06.2004, thereafter, petitioner submitted a detailed explanation on
26.06.2004 and without considering the same, respondent No.3 passed
resumption order dated 02.07.2004. Challenging the same, petitioner under
Section 4-A of the Andhra Pradesh Assigned Lands (Prohibition on
Transfer) Act 1977 (herein after referred as Assigned Lands Act) filed
Appeal No.C/2307/2004 and the respondent No.2 vide order dated
18.02.2006 had dismissed the same. Aggrieved by the order dated
18.02.2006 in Appeal No.C/2307/2004, petitioner under Section 4-(A)(2) of
the Assigned Lands Act, filed Revision bearing No.F3/5227/2006-
F3/40/Assgn/2006 and respondent No.1 vide order dated 02.07.2012,
passed the following order:-
".... On the other hand the counsel for the revision petitioner
has not appeared on any of the occasion after filing the
revision. This matter belongs to the year 2006 and was
dragged on till now i.e., for a period of (6) years. Even in
these circumstances the parties failed to avail the
opportunity afforded to them.
In view of the above the revision petition is
dismissed."
Challenging the order dated 02.07.2012 passed in Revision bearing
No.F3/5227/2006-F3/40/Assgn/2006, petitioners filed this writ petition.
4. Learned counsel for the petitioner submits that as per the procedure,
revenue authorities intimates the dates of hearing the revision to the
parties. However, in the present case respondent No.1 failed to intimate the
hearing dates. Learned counsel further submits that even in the impugned
order dated 02.07.2012, there is no reference of any notice having been
issued to the petitioner.
5. Learned counsel for the petitioner submits that earlier the Tahsildar,
Manoharabad Revenue Mandal, Medak District, vide notice bearing
No.B/124 of 2017 dated 25.02.2017, tried to dispossess the petitioner from
the subject land and challenging the same, petitioner filed W.P.No.9703 of
2017 and this Court vide order dated 27.03.2017, passed the following
order:-
"In view of the above, this writ petition is allowed in terms of the
Judgment dated 21.12.2016, passed by this Court in WP.No.44497 of
2016 setting aside the impugned notices dated 25-02-2017 issued by
the 2nd respondent. However, this will not preclude the 2nd
respondent from issuing fresh notice furnishing all the basic
jurisdictional facts necessary for invoking his jurisdiction under
Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act,
1977, and take action, thereafter, in accordance with law. No order
as to costs. As a sequel thereto, Miscellaneous petitions, if any,
pending in the writ petition, shall stand closed."
6. Learned counsel for the petitioner submits that respondent No.1
without granting any opportunity of hearing to the petitioner passed
impugned order dated 02.07.2012 in Revision bearing No.F3/5227/2006-
F3/40/Assgn/2006 and if the petitioner would get an opportunity of
hearing, she would bring all facts and the above order before respondent
No.1 and pray this Court to set aside the order dated 02.07.2012 passed in
Revision bearing No.F3/5227/2006-F3/40/Assgn/2006.
7. Learned Assistant Government Pleader for Revenue appearing for
respondent Nos.1 to 3 pray this Court to pass appropriate orders.
8. Heard and perused the material available on record. Upon perusal, it
is noticed that the petitioner was not intimated about the dates of hearing
the revision and even the respondent No.1 in the impugned order dated
02.07.2012 in Revision bearing No.F3/5227/2006-F3/40/Assgn/2006, failed
to mention about any notice having been issued to the petitioner. It appears
that the respondent No.1, without giving any opportunity of hearing to the
petitioner, mechanically had passed the impugned order dated 02.07.2012
in Revision bearing No.F3/5227/2006-F3/40/Assgn/2006, hence, this
Court is of the opinion that the impugned order dated 02.07.2012 is liable to
be set aside.
9. For the foregoing reasons, the impugned order dated 02.07.2012 in
Revision bearing No.F3/5227/2006-F3/40/Assgn/2006 is hereby set aside
and accordingly, this writ petition is disposed of, directing respondent
No.1 to hear the Revision bearing No.F3/5227/2006-F3/40/Assgn/2006
afresh and after issuing notice, intimating the hearing dates of the revision
and after giving fair opportunity of hearing to the concerned parties, the
respondent No.1 shall pass appropriate orders strictly in accordance with
law and communicate the same to the petitioner. It is made clear that this
Court has not expressed any opinion on the merits of the case and it is for
the respondent No.1 to examine all facts and circumstances of the case and
pass orders.
10. With the above directions this writ petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. No order as
to costs.
______________________________
N.V.SHRAVAN KUMAR,J
07.08.2025
Su
