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Judgment
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
The petitioner is aggrieved by the notice issued by the respondent No.2-District Collector, Jangaon dated 30.06.2026 in case No.1/1737/2026 under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023. The said notices were issued based on a petition filed by one Sri Chepuri Prabhakar stating that the petitioner had encroached his assigned lands in Survey No.85 and 91 situated at Chagal Village, Ghanpur Mandal, Jangaon District and requested to take necessary action. The respondent No.2 has issued the said notices under Section 94 of BNSS to both the parties i.e. the petitioner as well as Chepuri Prabhakar, directing them to appear along with original documents in support of their case on 02.07.2026, 14.06.2026 and 29.06.2026.
Learned counsel for the petitioner would submit that the District Collector has no jurisdiction to issue notices under BNSS Act, 2023. Hence the present writ petition is filed and seeks to pass similar order as passed by this Court in W.P.No.25906 of 2026, dated 06.08.2026.
Learned Assistant Government Pleader for Revenue did not dispute the same and would submit that the respondent No.2, under section 146 of Telangana Land Revenue Act, 1317 Fasli, has the power to issue summons to individuals for producing documents. However, in the notices the provision was wrongly mentioned and would submit that the notices would be withdrawn and fresh notice would be given under terms of Section 146 of the Telangana Land Revenue Act, 1317 Fasli.
Without going further into the merits of the case, this writ petition is disposed of in terms of the order passed in W.P.No.25906 of 2026, dated 06.08.2026, accordingly, the notice vide case No.1/1737/2026, dated 05.06.2026 and notice vide case No.1/1737/2026 dated 27.06.2026 and notice vide case No.1/1737/2026, dated 30.06.2026 issued by the respondent No.2, shall be withdrawn and the same are hereby set aside. The respondent No.2-District Collector, Jangaon is directed to follow due procedure as contemplated under law before initiating any action on the subject lands.
Accordingly this writ petition is disposed of. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.