Hyderabad: The Telangana High Court on Monday allowed a criminal revision petition and remanded the case to the metropolitan magistrate for fresh consideration involving ‘illegal’ transfer of Bhudan land in Maheshwaram district.

The single bench of Justice Kalasikam Sujana passed the order in criminal revision, which names Navin Mittal, former Principal Revenue Secretary, along with Maheshwaram tahsildar Mahmood Ali, K Sridhar Reddy, MD, EIPL Constructions, and several others, as respondents.

The petition was filed by Dastagir Shareef of Mehdipatnam, challenging the order of the XVII Additional Metropolitan Magistrate, RR district, which had dismissed his private complaint seeking direction to the SHO of Maheshwaram PS, to register a FIR against the accused.

The complaint relates to the transfer of approximately 50 acres of government Bhudan land in survey no. 181 of Nagaram village allegedly to private individuals. According to the petitioner, the Maheshwaram police had initially refused to register a case on the ground that the case was civil. Following this refusal, Shareef approached the metropolitan magistrate with a private complaint.

The lower court dismissed the complaint after examining the documents presented, observing that the complainant appeared to be a third party without proprietary interest in the disputed land; mere possession of a sale deed does not confer ownership rights.

The petitioner then moved the HC in revision against the magistrate’s order. During the proceedings, counsel appearing for Mittal, who currently serves as Principal Secretary (Energy), argued that the lower court’s decision was justified.

The defence contended that the magistrate had correctly assessed the complainant’s standing and that the police had already closed the complaint as a civil dispute. The complainant had no locus standi to pursue criminal proceedings in the case. The case pertains to more than 50 acres of Bhudan lands scattered across survey numbers 181, 182, 194 and 195 in Nagaram. The petitioner alleges that the lands were transferred by the Telangana Bhudan Yagna Board during Mittal’s tenure as Principal Secretary and authority of the board and CCLA. It is alleged that following the transfer, portions of the land were purchased by Kondapally Sridhar Reddy, owner of EIPL Constructions and other entities.

Significantly lands in survey No. 181 had been notified in the prohibited list of properties under Section 22A of the Stamps and Registration department. The board had also informed the court that approximately 50 acres in the survey number formed part of the prohibited list. Despite this classification, transfer of lands to private persons allegedly took place.

After an elaborate hearing, Justice Sujana allowed the criminal revision petition and remanded the case back to the Maheshwaram metropolitan magistrate for re-consideration. The order effectively sets aside the earlier dismissal and directs the lower court to examine the case afresh in accordance with law.