Telangana High Court
WP/29907/2025 of Surabi Venkateshwar Rao Vs The State of Telangana on 26 September 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTETVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29907 OF 2O2s [ 3168 ]] Occ. Nagar Between; Surabi Venkateshwar Rao. S/o S.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY,THE TWENTY SIXTH DAY OF SEPTETVIBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 29907 OF 2O2s
[ 3168 ]]
Occ.
Nagar
Between;
Surabi Venkateshwar Rao. S/o S. Raghuma Rao, Age 74 years, Agriculture, R/o. H.No.3-27, Tarnikal Village, Kalwakurthy Mandal, Kurnool District, Telangana.
...PETITIONER
AND
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The State of Telangana, Rep. by its Principal Secretary of Revenue Department, Secretariat, Hyderabad.
The District Collector, Nagar Kurnool District, At Nagar Kurnool.
The Revenue Divisional Officer, Kalwakurthy Division, At Kalwakurthy.
The Tahsildar, Kalwakurthy [r/andal, At Kalwakurthy, Nagar Kurnool.
Bathini Krishna Reddy, S/o Rangaiah, Aged about 68 years, Occ. Retired, Fl/o. H.No. Tarnikal Village, Kalwakurthy Mandal, Nagar Kurnool District, Telangana.
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lhdia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, direction or order, more particularly a Writ in the nature of ltrlandamus, declaring the action of the respondent no 3 in issuing notice vide proceedings no 813212016, dt.02-O7 -2025 and 10-09-2025 on basis of report of respondent no 4 dt.29.08.2025, for the lanct Ac.05.12.gts in Survey No. i31 (3.1 1
old) of ramikal Village, Kalwakurthy Mandal, Nargarkurnool District, is illegal, arbitrary and against the principals of natural justice, consequently set aside Notice, dt.02-O7-2025 and i0-09-2025, and report of respondent no 4
dt 29.08.2025.
lA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed in support of the petition, the High Court may ce pleased to stay all further proceedings pursuant to the impugned parallel Notice 2 and restrain the respondents from issuing any ORC to the 4th respondent or any other person, except in the pending 2016 proceedings concerning the petitioner, pending disposal of the above writ petition.
Counsel for the Petitioner : SRI P KISHORE RAO
Counsel for the Res.pondent Nos. 'l to 4: AGP FOR REVENUI:
Counsel for the Respondent No.5:-----
The Court made the following: ORDER
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.THI- IIOI.'BLE SRI JI,SI.ICE K. L,\KSHNI;\N
WRIT PETITION No.29907 ol'2025
Heard learned counscl lbr thc pctitioncrs and learned Assistant Govemurcnt Plcader lbr Revcnuc.
2.
Rcspondcnt No.3 has issuc'd notice dated 02.07.2025 to the petitioner, respondent No.5 and otliers stating that respondent No.4 l'ahsildar. Kalrl'akultln', has forrvardcd a proposal lor issuancc ol'ORC to respondent No.5 in respect of land admeasuring Acs.-5.12 guntas in Sy.No. l3l situated at Tarnikal Village, I(ahvakurtli), N{lnclal ancl clirected tlrem to appear before l.rirn to subnrit claims/ob.iections or.r 19.07.2025.
According to the petitioner. hc has subrritted explanation on 18.01 .2025 itself ancl rvitlrout consiclering the sarne, respondent No.3 has issued ancltlrer notice dated 10.09.2025
directing the petitioner and othcrs to subrnit objections again on 06. I 0.2025.
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ORAL ORDER:
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3. According to the leamed counsel for tlie petitioner, petiticrnt'r' has already submitted au explattittiott to rcspottdcttt No.3 on 18.07.2025 to issue ORC in ltis l'irror"rr. Witlrout cclnsidcring the same, respondent No.3 is cortsiclcring thc application subn.ritted by respondent No.5 seeking OI{C in respect o1'thc subject property. Though the saiti contcntiolt is raisecl bclbre the respondent No.i ancl explrtnation clated 18.07.201-5 has been submitted in response to tlrt rrotice datcd 02.07.2025, responder.rt No.3 IS not consi(le rin q tlre sanrc Therefore. challenging the said action o[' resportclcnt No.3, petilioncr lrlccl the present writ petitior.r.
4. Whcrerrs. learned Assistant Governnrcnl [)lcader lbr Revenue, on instructions, would submit that resporrclent No.3 rvill considcr the said aspects and expllrrrrtiotr dated 18.07.202-< srrbrnittecl by the petitioner to the lllst rroticc datcd 02.01 .2025 and pass appropriate orders in accordarrce rvith lau, by putting tlrc petitioner, respondent No.5 ancl all intet'esled plrties ()n n ot ice and alfording an opportun ity.
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5. In the light of the said subrnission. noticc to respondertt No.5 is dispensed with. This Writ Pctition is disposed ol directing respondent No.3 to cclnsicler thc cxpliination dated 18.07.2025 subrnitted by the petiti()ncl to the notice datcd 02.07.2025 and also the explanation. il'any, to lre subrnitted by the petitioner to respondent No.i on 0(r.10.202-5 and pass appropriatc orders, in accoldancc rvitlr lar.r,. [ry putting tlre petitioncr, respondent No.5 ancl all in(erestecl purlics ()n noticc and affbrding an opportunity. I'etitiorrer antl rcspondcrlt No.-5 shall appear belbre responde nt No..-i ort 0(r.10.202-s and cooperate with hirn lbr disposal ol'the saitl nratter. Miscellaneous applications. il anr pendirrg. shall stancl SD/. .PONNA KRISHNA TANT REGISTRAR i/TRUE COPY// CTION OFFICER To,
The Principal Secretary of Revenue Department' Secretariat' The State of Telangana, HYderabad. The District Collector, Nagar Kurnool District, At Nagar Kurnool' TheRevenueDivisionalofficer'KalwakurthyDivision,AtKalwakurthy'
closed. There shall be no orcler as to costs.
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The Tahsildar, Kalwakurthy Mandal, At Kalwakurthy, Nagar Kurnool. One CC to SRI P KISHORE RAO Advocate [OPUC] Two CCs to GP FOR REVENUE ,High Court for the State of Telangana touTl Two CD Copies PVI- TKSYv I I I
\ HIGH COURT DATED:2610912025
ORDER
WP.No.299tl7 of 2025 (i () 1l 25 l[T zffi DISPOSING OF THE WRIT PETITION WITHOUT C()STS \O Od ../ ,k"r"i