Nazeer Ahmed Vs The State of Telanagana — Writ and Judicial Review | Telangana HC (2025)

Nazeer Ahmed Vs The State of Telanagana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2 (Revenue Divisional Officer, Chevella) to examine the files relating to the remand order passed by the Joint Collector in Case No.DS/423312OO2, dated 20.03.2002 (as printed), and to dispose of the petitioner's application after issuing notice to all persons interested and affected, as expeditiously as possible, preferably within six (06) months; no order as to costs; pending miscellaneous petitions, if any, stand closed.

Issue for consideration

Whether the action of Respondent Nos. 2 and 3 in not intimating the Petitioner of his Case No. C/4678/1998 — by suppressing the file and stating it is not traceable (Endorsements dt. 27-03-2024 and 20-07-2024; letter RTI 19212024) — is illegal, arbitrary and unconstitutional. +1 more

Ratio / Principle

With the consent of the learned counsel for the respective parties, the writ petition was disposed of at the admission stage.

Key takeaways

Without expressing any opinion on the merits of the matter, and noting that the Joint Collector had remanded the matter for fresh disposal of the application, the Court directed respondent No.2 to examine the files relating to the remand order passed by the Joint Collector in Case No.DS/423312OO2, dated 20.03.2002 (as printed).ratio¶33
Respondent No.2 was directed to dispose of the petitioner's application after issuing notice to all the persons interested and effected, as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of a copy of the order.ratio¶33

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (C.V. Bhaskar Reddy, J.), order dated 30-01-2025 in Writ Petition No. 2534 of 2025: The petitioner, owner of agricultural land in Sy.No.46, Himayathnagar Village, Moinabad Mandal, Ranga Reddy District (purchased under registered sale deed document No. 523 of 1965), sought a mandamus against the Revenue Divisional Officers, Chevella and Rajendranagar, for not intimating him of Case No. C/4678/1998 and for stating that the file was not traceable (Endorsements dt. 27-03-2024 and 20-07-2024; letter RTI 19212024). His mutation application had been allowed by respondent No.2 in File No. C/4678/98; the Joint Collector-II set that aside in Case No. D5/4233/2022 and remitted the matter for fresh enquiry (order dt. 20.05.2009, as printed), which remained undisposed for over 16 years. Disposing of the petition at the admission stage with the consent of counsel, and without expressing any opinion on the merits, the Court directed respondent No.2 to examine the files relating to the remand order and dispose of the application after notice to all persons interested and affected, preferably within six months. No order as to costs; miscellaneous petitions closed.

[^32e6 ]

HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

THURSDAY,THE^{THIRTIETH DAY OF JANUARY} TWO THOUSAND AND^TWENTYFIVE

PRESENT

THE HONOURABLE SRI^{JUSTICE C.V. BHASKARREDDY}

WRIT PETITIO^{N NO: 2534 OF 2025}

Between:

Nazeer Ahmed, S/o^{Gulam Samdani,Age. 63 years, Occ Business F/o'} H.No.¹ 7-6-597, Dabeerpura,^Hyderabad-23

...PETITIONER

AND

The State of Telanagana,^{Rep.by its PrincipalSecretary, Defartmentof} Revenue, Secretariat HYderabad.

The Revenue Divisionai^{Officer, Chevella Division, R.R. District'}

fn" Herenre Divisonal^{Officer, Rajendranagar Division,,RR' District'}

...RESPONDENTS

Petition under Article²²⁶ oI^{the constitution of lndia praying that in the} circumstances stated in^{the affidavit filed therewith,the High court may be} pleased to issue a writ in nature^{of writ of of mandamusto declare the illegal} action of the Respondent^{No.2 and 3 in not intimatingthe Petitionerof his case} No. C/4678/1998 by^{suppressingthe file by merely stating file is not traceable by} issuing Endorsement dt.^{27-03-2024 and Endorsementd|.20-o7-2024issuedby} Respondent No. 2 and^{another Letter vide Lr. No. Letter bearing RTll 19212024} dl. -o8-2O24 issued by^{RespondentNo.3 whichis causing a grave injustice,} irreparable loss and^{injury to the petitioner as illegal, arbilrary, unconstitutional} and in violation of Section^{238 of BNS, 2023 and also in violation of sec. 7 (1)} and 8 (1) of The Public^{Records Act 't993 and also in violationof section 6(1) of} RTI Act-2005, also in^{violation of fundamental rights of the petitioner under Article} 19 (1) and sec. 3004^{of the lndian constitutionin the interests of justice.} consequently, to^{direct the Respondent No. 2 and 3 to expeditiously intimate the} Petitioner of his casc^{No. Ci4678l1998 and furnishall the required documentsas} prescribed under law and^pass such^{other order or orders may deemfit and}

/

proper in the circumstances of the case. consequenfly, to direct the Respondent No. 2 and 3 to grant a fair opportunity to the petitioner to contest the case No. cl4678l199&and prace his arguments and pass such other order or orders may deem fit and proper in the circumstances of the case. rt is arso just and necessary that this Honorabre court may be preased to direct the Respondent No. 2 and 3 to expeditiously intimate the petitioner of his case No. c/4678/1998 and furnish ail the required documents as prescribed under law and pass such other order or orders may deem fit and proper in the circumstances of the case. rt is arso just and necessary that this Honorabre court may be preased to direct the Respondent No. 2 and 3 to grant a fair opportunity to the petitioner to contest the Case No. Cl467811S9B and place his arguments

lA NO: 1 OF 2025

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent No. 2 and 3 to grant a fair opportunity to the petitioner to contest the Case No. C/4678i1998and place his arguments lA NO: 2 oF 2025

Petition under section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent No. 2 and 3 to expeditiousry intimate the petitioner of his case No. cl46r8r1ggg and furnish aI the required documents as prescribed under law

Counsel for the Petitioner: SRt. MUHAMMAD VEeAR HUSSATN

Counsel forthe Respondents: Gp FOR REVENUE

The Court made the following: ORDER

HON'BLE SRI JUSTICE C.V. BHASKAR^REDDY

t I

\ \

WRIT PETITION No.2534^{of 2o25}

ORDER:

It is stated that the petitioner is^{the owner and possessor of} the agricultutal land in^{Sy.No.46situated atHimayathnagar} Village, Moinabad Mandal,^{Ranga ReddyDistricthaving purchased} the same through registered^{sale deedbearingdocument No.523 of} 1965. It is further stated that^{when the name of the petitionerwas} not mutated in the revenue^{records, he was constrainedto flle an} application before respondent^{No.2and respondent No 2 uide Flle} No.C/a678/98, dated 2O.O3.2O22,^{passed an order in his favour'} Aggrieved by the same, the^{respondentstherein liled an appeal} before the Joint Collector-Il,^{Ranga Reddy District inCase} No.D5/4233/2022^{arld thereafter, due to procedural errors,the} Joint Collector set aside^{the order,dated 20-03.2002 passed by} respondent No.2 and^{remittedthe matter to conduct enquiryafresh} uide ord.er, dated^{20.O5.2009 in Case No.D5/423312022'The} grievance of the petitioner^{is that sincealmostmorethan16 years} have already lapsed,^{respondent No.2 has not disposedof the} application in terms^{of the order passedby the} 'Ioint^{Coilector in} Case No.DS/⁴ 233 I 2OO2,^{dated 20.O3.2022'}

CVBR. J 2 \,/ p _2534 _2025

', it

Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission srage.

Having considered the submissions of the learned counsel for the respective parties, this Court, without expressing any opinion on the merits of the matter and as it is statecl that the Joint Collector has remanded the matter for fresh disposal of the application, deems it appropriate to dispose of this writ petition directing respondent No.2 to examine the files relatir.rg to the remand order passed by the Joint Collector in Case No.DS/423312OO2, dated 20.O3.2OO2 and dispose of the appiication filed by the petitioner after issuing notice 1.o all the persons interested and effected, as expeditiouslv as possible, preferably, within a period of six (06) months from the date of receipt of a copy of this order

With the above observations, this Writ Petition is disposed of

There shail be no order as to costs.

As a sequel, the miscellaneolrs petitions pending, if any,

shall stand closed.

To,

The Principal Secretary, Department of Revenue, Secretariat , TS., Hyderabad.

The Revenue Divisional Officer, Chevella Division, R.R. District.

The Revenue Divisonal Officer, Rajendranagar Division, R.R. District.

One CC to SRl. MUHAMMAD VEQAR HUSSAIN, Advocate IOPUCI

Two CCs to GP FOR REVENUE ,High Court for the State of Teiangana at Hyderabad [OUT]

Two CD Copies

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HIGH COURT

DATED:3010112025

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ORDER

WP.No.2534 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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