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Renew Wind Energy (TN2) Private Limited, rep., by its authorized Signatory M. Madhu Mohan Rao v/s The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat & Others


Company & Directors' Information:- H-ENERGY PRIVATE LIMITED [Active] CIN = U40300MH2007PTC175626

Company & Directors' Information:- R. S. INDIA WIND ENERGY PRIVATE LIMITED [Active] CIN = U40101HR2006PTC049781

Company & Directors' Information:- K. P. WIND PRIVATE LIMITED [Active] CIN = U29299MH1998PTC116275

Company & Directors' Information:- A A ENERGY LIMITED [Active] CIN = U40100MH2005PLC157604

Company & Directors' Information:- K M ENERGY PRIVATE LIMITED [Active] CIN = U40300UP2014PTC067293

Company & Directors' Information:- MOHAN ENERGY CORPORATION PRIVATE LIMITED. [Active] CIN = U74991DL2006PTC148755

Company & Directors' Information:- R. R. ENERGY LIMITED [Active] CIN = U40109CT2004PLC016580

Company & Directors' Information:- ENERGY INDIA CORPORATION LIMITED [Strike Off] CIN = U40101MH2008PLC181157

Company & Directors' Information:- B & S ENERGY PRIVATE LIMITED [Active] CIN = U40108KA2008PTC048416

Company & Directors' Information:- M. E ENERGY PRIVATE LIMITED [Active] CIN = U51503PN1998PTC114226

Company & Directors' Information:- K ENERGY COMPANY LIMITED [Active] CIN = U40100CT2007PLC020433

Company & Directors' Information:- U R ENERGY (INDIA) PRIVATE LIMITED [Active] CIN = U40108GJ2011PTC067834

Company & Directors' Information:- B & G ENERGY PRIVATE LIMITED [Active] CIN = U40107TN2006PTC061362

Company & Directors' Information:- S P S WIND ENERGY PRIVATE LIMITED [Active] CIN = U40108TZ2004PTC011430

Company & Directors' Information:- J C I ENERGY PRIVATE LIMITED [Converted to LLP] CIN = U40102KA2011PTC058550

Company & Directors' Information:- ENERGY INDIA LIMITED [Strike Off] CIN = U74899DL1998PLC096211

Company & Directors' Information:- INDIA ENERGY PRIVATE LIMITED. [Strike Off] CIN = U74899DL2000PTC103993

Company & Directors' Information:- V ENERGY PRIVATE LIMITED [Active] CIN = U40102TG2011PTC073693

Company & Directors' Information:- S M M ENERGY PRIVATE LIMITED [Active] CIN = U40109TG2014PTC092679

Company & Directors' Information:- C & C ENERGY PRIVATE LIMITED [Active] CIN = U29299DL2010PTC204724

Company & Directors' Information:- U S G ENERGY PRIVATE LIMITED [Active] CIN = U29307TZ2005PTC012414

Company & Directors' Information:- A B T ENERGY PRIVATE LIMITED [Active] CIN = U40108KA1983PTC005321

Company & Directors' Information:- A & T ENERGY PRIVATE LIMITED [Strike Off] CIN = U40106GJ2012PTC070207

Company & Directors' Information:- R N WIND ENERGY PRIVATE LIMITED [Active] CIN = U70102HR2007PTC036689

Company & Directors' Information:- K E ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300TN2011PTC080288

Company & Directors' Information:- V A R ENERGY INDIA PRIVATE LIMITED [Strike Off] CIN = U40300TG2014PTC095926

Company & Directors' Information:- C & N ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100KL2011PTC028837

Company & Directors' Information:- M K D ENERGY PRIVATE LIMITED [Active] CIN = U31908UP2015PTC070501

Company & Directors' Information:- C I T L ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108TG2010PTC066844

Company & Directors' Information:- C R B ENERGY PRIVATE LIMITED [Active] CIN = U40108TG2010PTC066845

Company & Directors' Information:- J S ENERGY PRIVATE LIMITED [Active] CIN = U45202HP2006PTC030006

Company & Directors' Information:- T V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U52100UP2014PTC066243

Company & Directors' Information:- G G ENERGY PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC058590

Company & Directors' Information:- V G ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC156544

Company & Directors' Information:- D R R ENERGY PRIVATE LIMITED [Active] CIN = U40102TN2009PTC073741

Company & Directors' Information:- Q - ENERGY PRIVATE LIMITED [Strike Off] CIN = U74920WB2012FTC182047

Company & Directors' Information:- RENEW INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL2011PTC214938

Company & Directors' Information:- H R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40101RJ2003PTC018712

Company & Directors' Information:- J R J R ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100MH2005PTC153641

Company & Directors' Information:- R M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108MH2003PTC142881

Company & Directors' Information:- S V E ENERGY PRIVATE LIMITED [Active] CIN = U40100TN2009PTC073738

Company & Directors' Information:- L V S ENERGY PRIVATE LIMITED [Under Process of Striking Off] CIN = U40101TG2010PTC068290

Company & Directors' Information:- A. S. R. ENERGY PRIVATE LIMITED [Strike Off] CIN = U40105TG2008PTC056907

Company & Directors' Information:- S S E ENERGY (INDIA) PRIVATE LIMITED [Strike Off] CIN = U40108TG2014PTC093709

Company & Directors' Information:- K & H ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109AP2012PTC079162

Company & Directors' Information:- P & S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109TG2011PTC072632

Company & Directors' Information:- P A ENERGY PRIVATE LIMITED [Strike Off] CIN = U40100HP2006PTC030328

Company & Directors' Information:- S & G ENERGY PRIVATE LIMITED [Strike Off] CIN = U31101CH2010PTC032133

Company & Directors' Information:- P M S ENERGY INDIA PRIVATE LIMITED [Active] CIN = U74999DL2012PTC236645

Company & Directors' Information:- D M ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107DL2010PTC199110

Company & Directors' Information:- S K S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40108DL2003PTC119741

Company & Directors' Information:- C P ENERGY PRIVATE LIMITED [Strike Off] CIN = U40109DL2010PTC204395

Company & Directors' Information:- 3 A S ENERGY PRIVATE LIMITED [Strike Off] CIN = U40300DL2013PTC250263

Company & Directors' Information:- I S R ENERGY PRIVATE LIMITED [Under Process of Striking off] CIN = U40103AP2012PTC084585

Company & Directors' Information:- T AND F ENERGY PRIVATE LIMITED [Active] CIN = U40100MP2011PTC026065

Company & Directors' Information:- V V ENERGY PRIVATE LIMITED [Active] CIN = U40101KA2008PTC046429

Company & Directors' Information:- E P C ENERGY PRIVATE LIMITED [Strike Off] CIN = U40107KA2010PTC053645

Company & Directors' Information:- R J ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC056990

Company & Directors' Information:- I ENERGY PRIVATE LIMITED [Active] CIN = U40100GJ2009PTC058473

    Writ Petition Nos. 23135 & 23154 of 2019

    Decided On, 23 October 2019

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE P. NAVEEN RAO

    For the Petitioner: S. Niranjan Reddy, Advocate. For the Respondents: Learned Government Pleader for Revenue.



Judgment Text


Common Order:

1. Heard learned senior counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.

2. Briefly noted, the facts are as under:

Noticing that the original assignees sold their land in violation of the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, ‘the Act, 1977’), notice in Form-I was issued to the assignees and notice in Form-II was issued to the petitioner, who claims to be the subsequent purchaser. In response to the notice in Form-II dated 07.08.2019, a detailed explanation was submitted by the petitioner pointing out the deficiencies and the manner in which the notice was issued not fulfilling the parameters as required by the Act, 1977, and as held by this Court. Though these objections were on record, they were not dealt with in the order impugned and it was passed stating that the alleged purchase made by the petitioner was in violation of the provisions of the Act, 1977, and thereby, ordered for resumption of land, by proceedings dated 07.10.2019.

3. Placing reliance on the decision of the Supreme Court in Dasari Narayana Rao v. Deputy Collector and Mandal Revenue Officer, Serilingampally, Ranga Reddy District (2006 SCC Online AP 1034 : (2010) 6 ALD 536 : (2010) 4 ALT 655), learned senior counsel appearing for the petitioners submits that the show cause notice should contain all the essential details as to whether the land is classified as ‘Government land’, when it was assigned, with what conditions it was assigned, with what extents and to whom it was assigned. In the absence of these details, there was no possibility for the petitioner to submit proper explanation. Further, when objections are raised, it is the bounden duty of the competent authority to consider those objections.

4. In reply to the same, learned Government Pleader for Revenue submits that along with the Rules formulated under the Act, 1977, Forms are prescribed in which notices have to be generated. Form-I has to be issued to the assignee, wherein all the details would contain, and Form-II is issued to purchaser, wherein no details are required to be furnished.

5. In Dasari Narayana Rao (supra), in paragraph Nos.34 and 35 this Court held as under:

“34. The proceedings under the 1977 Act are in the nature of civil proceedings. The conclusion that the land in question is assigned land may also be arrived at by a compelling inference preponerating from the circumstantial evidence on record. If the assignment in question is under certain Rules for the time being in force (within the meaning of this clause as employed in Section 2(1) of the 1977 Act); if such Rules (under which the assignment is made) enjoin a prohibition on alienation; and such statutory prohibition was in operation on the actual date of assignment, it might perhaps be an indicator justifying an inference that the land in question is an “assigned land’. For such a presumption to be legitimately drawn, the respondents must establish the date of assignment and the contemporaneous state of the Rules under which assignment was made, to legitimize the conclusion that the Rules did prohibit alienation as on the date of assignment. All these are essentially questions of facts and must first be put to the person aggrieved so as to afford him a reasonable opportunity to explain or defend his possession and ownership of the land in question, a valuable property right.

A reasonable opportunity is that which informs a respondent to a show-cause notice of the facts that are asserted against him or his interest.

35. The show-cause notice dated 16.2.2002 and the final order dated 16.5.2002 come nowhere near this forensic discipline expected of a quasi judicial Tribunal. A careless and negligent quasi judicial exercise cannot be overlooked on the ground that the authority exercising it was a Mandal Revenue Officer-cum-Deputy Collector. The contention urged on behalf of the official respondents by the learned Special Government Pleader Mr. A. Satya Prasad, appearing on behalf of the learned Advocate General, that no higher forensic competence could be expected of a M.R.O. than has been displayed in the order dated 16.5.2002, does not commend acceptance by this Court.”

6. Having regard to the law laid down by this Court in the above decision followed in W.P.No.13973 of 2017, dated 28.04.2017, what is required to be understood is that when show cause notice in Form-I and Form-II is issued, it should also contain all the details as to whether the land is classified as ‘Government land’, and if so, when it was assigned, with what conditions it was assigned, what extent was assigned and to whom it was assigned and then call upon the assignee/occupier/purchaser to submit his explanation. In view of the settled principle of law, as these basic details are not furnished, the order impugned is not sustainable. As the order is ex facie not sustainable, the Court is not inclined to keep the Writ Petitions pending.

7. The Writ Petitions are accordingly

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allowed, at the stage of admission. The resumption proceedings dated 07.10.2019 are set aside and the matters are remanded to the Tahsildar, Addakal Mandal, Mahabubnagar District. It is open to the Tahsildar to cause a fresh notice to the petitioner furnishing all the details required and basing on the details incorporated in the notice, call upon the petitioner to submit its explanation and consider the objections, if any, raised by the petitioner and pass appropriate orders thereon in accordance with law. Pending Miscellaneous Petitions, if any, shall stand closed.
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