HC orders revenue officials to specify legal basis for notices

HC orders revenue officials to specify legal basis for notices

Hyderabad: The Telangana High Court has made it clear that revenue officials must state the legal authority under which they issue notices before taking any action. The court ruled that failure to specify the relevant Act will result in such notices being invalidated.

The judgment came in a case concerning 5.30 acres of land (old survey number 380) in Alwal Mandal, Medchal-Malkajgiri district, which is the site of a tannery and has been the subject of a long-running dispute between private individuals and the government.

The issue began when the land was classified as “Abadi land” (settlement land), but the survey department later identified it as private property.

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In 2015, Mohammed Nizamuddin approached the High Court seeking clarification on the land’s ownership.

The court at the time directed that private parties be issued notices as per the law before any action was taken.

However, in June 2019, the Alwal Tahsildar declared the land as government property and issued personal notices to the petitioners, Bujji Banoth and 39 others, who then challenged the proceedings in the High Court.

Recently, Justice B. Vijaysen Reddy delivered the verdict, noting that the Tahsildar had not specified the legal provision under which the notices were issued.

The judge stated that this omission rendered the notices invalid and ordered their cancellation. However, the court clarified that the government is free to take lawful steps to evict the petitioners if necessary.

Government counsel K. Muralidhar Reddy argued that since the land was claimed as “Abadi land,” it rightfully belonged to the government, and proceedings were initiated under the Telangana Revenue Summons Act.

He also pointed out that, despite ongoing proceedings, the petitioners had purchased the land and thus had no legal rights over it.

After considering arguments from both sides, the court closed the petition, allowing the government to proceed with eviction as per the law, but only after issuing notices that clearly specify the legal basis for any action.

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