LAWS(APH)-2017-1-41

M/S. JANAPRIYA ENGINEERS SYNDICATE PVT. LIMITED, REP. BY ITS CHAIRMAN & M.D. SRI K. RAVINDER REDDY Vs. THE STATE OF TELANGANA, REP. BY ITS SECRETARY (REVENUE), SECRETARIAT, HYDERABAD AND OTHERS

Decided On January 17, 2017
M/S. Janapriya Engineers Syndicate Pvt. Limited, Rep. By Its Chairman And M.D. Sri K. Ravinder Reddy Appellant
V/S
The State Of Telangana, Rep. By Its Secretary (Revenue), Secretariat, Hyderabad And Others Respondents

JUDGEMENT

(1.) This writ petition is filed seeking writ of certiorari calling for the records pertaining to proceedings No.P3/456/2013, dated 29.05.2014 on the file of the 3rd respondent and quash the same as illegal, arbitrary and contrary to A.P (T.A) Land Revenue Act, 1317 Fasli (for short 'the Act') and consequently to dismiss the appeal No.P3/456/2013.

(2.) Case of the petitioner is that it is the absolute owner and possessor of the land to an extent of Acs.51.15 gts in Sy.No.44(part) of Maktha Mahaboobpet, Serilingampally Mandal, R.R. District (hereinafter will be referred to as 'subject land') having purchased the same through registered sale deeds in the year 2002 and ever since the date of purchase, the petitioner is in possession and enjoyment of the said land. The Joint Collector (J), Ranga Reddy District-4th respondent issued a show-cause notice to the petitioner and some others in respect of the land in Sy.Nos.5,6,9,19,29,39, 41, 44, 52, 61, 77, 98, 119 and 121 in an extent of Acs.309.36 gts, situated at Maqtha Mahabubpet Village, Serilingampally Mandal, R.R. District calling upon them to show-cause as to why the supplementary sethwar issued in file No.B1/171/68 (G1/177/68), dated 07.06.1969 should not be cancelled by exercising his revisional powers under Sec. 166- B of the Act. After filing explanations to the above show-cause notice, the petitioner and others were issued another show-cause notice in respect of the land in above said survey numbers as to why wrong entries made in revenue records in respect of the land in above survey numbers should not be cancelled. Aggrieved by the show-cause notice No.E1/7306/99, dated Nil.11.1999, some of the persons filed W.P.Nos.4849/2000 and batch, which were disposed of by this Court directing the Joint Collector-4th respondent to conclude the proceedings initiated vide show-cause notice within a period of 6 months from the date of receipt of a copy of the judgment and also observed that it is for the petitioners to file their explanations or additional explanations within 30 days from the date of orders. Subsequently, petitioner and others filed explanations and after considering the same, the Joint Collector-4th respondent, after conducting an enquiry, passed order in proceedings No.E1/7306/1999 dated 07.11.2006. The operative portion of the said order reads as follows :

(3.) Counter affidavit is filed by the 6th respondent on behalf of the respondents 1 and 5 denying the averments in the affidavit filed in support of the writ petition stating that appeal filed by 6th respondent is maintainable. It is stated that though the matter was remanded at the first instance by the appellate authority-3rd respondent on 30.05.2007 for conducting fresh enquiry, the 4th respondent has not followed directions of the appellate authority-3rd respondent in remand order dated 30.05.2007. It is stated that the writ petition is premature and sought for dismissal of the writ petition.