V.BABU RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned Government Pleader for Revenue.

(2.) Petitioner claims to have purchased agricultural land to an extent of Ac.0.20 guntas in Survey No. 365/1, Ac.0.30 guntas in Survey No. 365/2, Ac.0.20 guntas in Survey No.366, Ac.1.12 guntas in Survey No. 367, Ac.2.27 guntas in Survey No. 372, Ac.1.22 guntas in Survey No. 404, Ac.0.19 in Survey No. 368, Ac.0.05 guntas in Survey No. 371 and Ac.0.05 in Survey NO. 373/A, total land admeasuring Ac.8.00 guntas, in Kannegudem village, Garla mandal, Mahabubabad district vide registered sale deed dated 20th Sept, 2019. He applied for mutation of his name in the Revenue Records and for issuance of pattadar pass books to the Revenue Divisional Officer-3rd respondent. The 3rd respondent, in turn, forwarded the said application to Tahsildar-2nd respondent to take appropriate action. By notice dated 13.8.2019, 2nd respondent observed that Garla mandal lands come under Schedule area (Agency Area) and provisions of the Telangana State Scheduled Areas Land Transfer Regulations, 1959 (for short, 'Regulations, 1959') as amended by Regulations 1 of 1970 would apply, therefore, petitioner was advised to attend before him for enquiry. Said notice is challenged in this writ petition.

(3.) The challenge is on the ground that Kannaegudem village is neither declared as forming part of scheduled area in the Presidential Order dated 7.12.1950 nor in Notification No. 2 dated 16.11.1949 issued by the then Raj Pramukh, His Excellency the Nizam, therefore, 2nd respondent gravely erred in issuing notice by invoking powers under the Regulations, 1959 and said regulation has no application.