Indian Council of Social Welfare Telangana Vs The… — Writ and Judicial Review | Telangana HC (2025)

Indian Council of Social Welfare Telangana Vs The… — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without costs with procedural directions to the respondents: (i) furnish to the petitioner all documents forming the basis of the show-cause notice; (ii) grant two weeks to submit additional explanation/documents; (iii) afford an opportunity of personal hearing; (iv) pass appropriate reasoned orders in accordance with law; and (v) if adverse orders are passed, grant two weeks to enable the petitioner to avail available remedies. Pending miscellaneous petitions (including I.A.No.1 of 2025 under S.151 CPC seeking stay) stood closed.

Issue for consideration

Whether the action of Respondent No.1 in issuing Memo bearing No.1585/Land Admin.II(2)/2025-1 dated 30.01.2025, in the alleged absence of any violation of the conditions stipulated in G.O.Ms.No.1406 dated 04.09.1964, is illegal, unfair, arbitrary and violative of Article 21 of the Constitution of India, warranting its quashing. +1 more

Court's answer

Since the impugned notice is only a show-cause notice, the Court expressed no opinion on the merits and held that the ends of justice would be met if the respondents are directed to furnish to the petitioner all the documents which are the basis for issuance of the show-cause notice.

Ratio / Principle

Thereafter, the respondents shall grant two (2) weeks' time to the petitioner to submit additional explanation/documents against the impugned show-cause notice.

Key takeaways

On receipt of the additional explanation/documents, the respondents shall afford the petitioner an opportunity of personal hearing.ratio¶43
After conducting the hearing, the respondents shall pass appropriate reasoned orders in accordance with law.ratio¶43
If orders adverse to the interest of the petitioner are passed, a reasonable time of two (2) weeks shall be granted to the petitioner to enable it to avail the remedies available under law.ratio

Detailed headnote1 paragraphs

WRIT PETITION UNDER ARTICLE 226 - LAND ALLOTMENT - SHOW-CAUSE NOTICE ON ALLEGED NON-UTILISATION - PROCEDURAL SAFEGUARDS DIRECTED. The petitioner society (registered under the Societies Registration Act, 1960) was allotted Ac.16.20 gts. in Sy.Nos.54, 55 and 56 of Katedan Village, Rajendranagar Mandal, Rangareddy District vide G.O.Ms.No.1406 dated 04.09.1964. Acting on a District Collector's survey, Respondent No.1 issued Memo No.1585/Land Admin.II(2)/2025-1 dated 30.01.2025 calling upon the petitioner to explain why Ac.12.25 gts. allegedly lay unutilised in breach of allotment conditions. The petitioner challenged the memo as illegal and arbitrary violative of Article 21 and sought a direction that no decision (including resumption) be taken without considering its explanation dated 07.02.2025 and without hearing. HELD: the impugned notice being only a show-cause, the Court, without expressing any opinion on merits, directed the respondents to (i) furnish all documents underlying the show-cause notice; (ii) allow two weeks for additional explanation/documents; (iii) afford a personal hearing; and (iv) pass reasoned orders in accordance with law, with two weeks' time to assail any adverse order. Writ petition disposed of; no costs; pending miscellaneous petitions closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRtt^pennoN No:4597 oF 2o2s

Between:

lndian Council of Social Welfare Telangana, Rep. by its President, Mr. B. Bhaskar Reddy Rodamistry College of Social Work-and Research Centre Rg1{rr.g, Opp. Biodive Diversity Complex, Chitrapuri Colony Post, Hyderabad - 500104

...PETITIONER

AND

1 The State of Telangana, Rep. by its Principal Secretary Revenue (Land Administration-ll) Department 4F-39, Telangana Secrdtariat, Hyderabad

2 District Collector, Ranga Reddy District lntegrated District Offices Complexes, Kongara Kalaq Village, Ibrahimpatnam Mandal, Ranga Reddy bist., Telangana - 501510

3 Mandal Surveyor, Rajendranagar Mandal, Ranga Reddy Dist. Manikyamma Colony, Rajendranagar Mandal, Ranga Reddy Dist., Teiangana - 500030

...RESPONDENTS

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ, more particularly in the nature of Mandamus there by

Declaring the action of the Respondent No.1 in issuing the Memo bearing No.15B5/Land Admin.ll(2)/2025-1 dated 30.01.2025, in the absence of any violation of conditions as stipulated in G.O.Ms.No.1406 dated 04.09.'1964 as illegal, unfair, arbitrary and violative of Article 21 of the Constitution of lndia and set aside they same or in the alternative

il. l' Direct the Respondents not to take any decision relating to the

Petitioners property admeasuring Ac. 12-25 Gts. in Surevy No. 54,55 and 56 of Katedan Village, Rajendranagar Mandal, Rangareddy District, Telangana, without considering the explanation submitted by the Petitioner vide Lefter dated O7.02.2025 and without giving due opportunity of hearing to the petitioner

lll. Consequently,^{set aside the Memo bearingNo'1585/Land} nori"lifiyzozs-i^{ax.a 30.o1 .2025 issued by Respondent No 1 on the} ;ilil;;f the same being^{illegal, unfair, arbitrary and violative of Article} 2'1 of the Constitution^{of lndia'}

IANO: 1 OF²⁰²⁵

PetitionunderSection,l5lCPCprayingthatinthecircumstancesstatedin the affidavit^{filed in supportof the petition,ine HignCourt may be pleasedto. stay} if,"^{-op"r"ti.n ofMemo} - Ularing No.1585/Lind Admin.ll(2)/2025-1 . daled ijo.or.iozs^{issuedby the RespondeitNo.1 anddirect the Respondent No.1 to not} i;; ;;t;"r"ive^{aciioninciuding resumptionof tand admeasuringAc. 12-25 Gts.} ii'r Er*6v^{11".54, 55 anil 56 of katedanVillage'RajendranagarMandal' Ranga} Reddy District,^{Telangana including resumption of the same}

Counsel for^{the Petitioner: SRI D' PRAKASHREDDY SENIORCOUNSEL} niFiiiEr.rrrNc^{., FoR sRt. P soMA SHEKARREDDYADVocATE'}

Counsel forthe^{Respondents:GP FOR REVENUE}

The Gourt made^{the following: ORDER}

THE HON'BLE SRI JUSTICE C.V.BHASXAR RTDDY

qIRIT PETITION N0.4597 of 2o.25

ORDER:

This Writ Petition, under Article 226 of ttre Constitution

of India, is filed seeking the following relief:

'.-.to i.ssue an appropriate ruit, ord.er or direction more parlicularlg one in the noture of^,Wit of Certbroi':

i) DecLaing the action of respond_ent No.l in issuing memo beaing No.1585/ Land Admtn.II(2)202S-1, dated SO.O j.2025,. in the absence of ang uiotation of anditions o,s stipulated. in G.O.Ms.No.14O6, dated 04.09.1964 as illegal, arbitrary and. conlrary to law; and

ii) Con-sequentlg, direct respondents not to take ang deci,sion relating to the subject propertA ad.measuing Ac. 12.25 gts., in Sg.Nos.S4, 55 and 56, situated at Katedqn Viltage, Rajendranogar Mandal, Rangareddg Di.strict, u.tithout considering the explanation submitted bA the petitioner ui.d.e letter dated O7.O2.2O25 and ulithout giuing due opportunity of hearing to the petitioner or pass approp;iate ord.er..."

The case of the petitioner is that it is registered under the provisions of the Societies Registration Act, 1g6O vide Register No. 13 of 1954. The petitioner society was established under the narne and style of 'Indian Council of Social Welfare, Telangana' and it was founded with the initiative of Ms.padmaja Naidu, D/o Smt.Sarojini Naidu. ,, 1-" T_.1,

2

organisation in the freld of^{social welfare aimed at} undertaking and^{promoting socialwork such as taking care} of the aged, handicapped^{andabandoned children,} professionally training social workers^{along with servingas} an information exchange^{in respect of social work between} social service organisations,^{arnong other things. Taking into} consideration of the^{objectives of the society, the State} Government has allotted^{the land to an extent of Acs. 16'20} gts., in Sy.Nos.54, 55 and 56 situated^{at Katedan Village,} Rajendranagar Mandal, Rangareddy^{District,vide} G.O.Ms.No. 1406, dated^04.O9.1964.

It is further stated that all of a sudden,^{the Chief} Commissioner of Land Administration,^{Hyderabad,has} issued show-cause notice vide^{impugnedmemo dated} 30.01.2025 stating that the District^{Collector, Rangareddy} District, has reported that a^survey ald^{demarcation on the} effective utilisation of land in Sy.Nos.S4,^{55 and 56 ancl it is} noticed that al extent of Acs.l2.25^{gts., is not utilised by the} petitioner society in terms of the allotment conditions. It^is further submitted that soon after on receipt of the^{said show-} cause ryllice, the petitioner has submitted a^detailed

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explanation/reply enclosing all relevant documents and also sought for the docrtments which are the basis for issuance of the show-cause notice.

Mr.D.prakash Reddy, learned Senior Counsel representing Mr.p.Soma Sekhar Reddy, learned counsel for the petitioner, vehemently contended that since the date of allotment of the land to the petitioner society, the society has been proceeding with its objectives and the rand has been utilized as per the conditions stipurated in the alotment order. However, out of the total extent of Acs. 16.20 gts, approximatery an extent of Acs.4.oo gts., has been taken over by the State Government for the purpose of widening of the abutting road. The respondents instead of furnishing the documents which are the basis for the show_cause notice nor taking into consideration of the documents submitted by the petitioner along with the explanation, are proceeding to take forcible possession of the subject property on the ground of violation of the terms and conditions of ati6161i6n order.

Learned Assistant Government pleader for Revenue, on instructions, would submit that a survey has been conducted by the District Collector vide Lr.No.LCl/62g7/2001, dated

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16.12.2024 and it is revealed in the said survey that the petitioner is not in occupation of the total extent of land and it is also not complied with the terms and conditions of the allotment order. There is no illegality or irregularity in issuing the impugned show-cause notice and the interference of this Court under t].e Article 226 of the Constitution of India is unwarranted.

In the light of above, since the impugned notice is only a show cause, this Court without expressing any opinion, deems it appropriate that ends of justice would be met, if the respondents are directed to furnish all the documents which are the basis for issuance of the show_cause notrce to the petitioner. Thereafter, the respondents shall grant two (2) weeks time to the petitioner to submit additional explanation/documents to the impugned show_cause notice. On receipt of such additional explanation/documents, the respondents shall afford an opportunit5z of personal hearing to the petitioner. After conducting hearing, the respondents shall pass appropriate reasoned orders, in accordance with law. It is needless to observe that if aly orders adverse to the interest of the petitioner are passed, reasonable time of trvo(2)

5

weeks shall be granted to the petitioner to enable it to avail

the remedies available under law.

7 . With the above observations, this Writ petition is disposed of. There shall be no order as to costs

Miscellaneous petitions, if any pending in this writ

petition shall stand closed.

\

SD/.A. SRIN IVASA REDDY ASSIS T REGIS TRAR //TRUE COPYII

fo,

s ON FFICER

TeThlangae Principal Secretana Secretaria ry Reven t Hydera ueLLand Administration_ll) Department 4F-39,

Complexes

The District Collector Ranga Redd Y District lntegrated District Olfices bist. Tela ngana - S01510 Kongara Kalaq Viltage lbrahimpa tnam Mandal, Ranga Reddy

Mani ky,

1. The Mandal Surveyor, Rajendrana gar Mandal Ran gaReddy Dist - s00030amma Colony, Rajendrana gar Mandal ,RA nga Reddy Dist., Telangana

One CC to SRt. p SOMA SHEKAR

Two CCs REDDyAdvocate [OpUC] IOUI to GP FoR REVENUE, High Court for the State of Telangana. ,*o CD Copies

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HIGH COURT

DATED:1 710212025

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ORDER

WP.No.4597 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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