KoduriNarasimhaReddy v. 1. The State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 4th Respondent in interfering in the land of the petitioners to an extent of land Ac 3'12 gts in sy'No'68/A of Komatibanda, Gajwel Mandal, Siddipet District without due process of law as illegal,arbitrary,againsttheprinciplesofnaturaljusticeandviolatingtheArticles 21&300-AoftheConstitutionoflndiaandconsequentlydirect.l.^ol: Respondentnottointerfereinthelandofthepetitionersto.anextentofAc3.l2 gtsinSy.No.68/AofKomatibanda,GajwelMandal,siddipetDistrict lA NO: 1 OF 2021 PetitionunderSectionl5lcPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High court rnay be pleased to direct the 4th Respondent not to interfere in the land of the petitioner's to an extent of Ac 3.12 gts in Sy.No.68/A of Komatibanda, Gajwel tvlandal' Siddipet District without due process of law Counsel for the Petitioner : SRI BALA MURALI Y counsel for the Respondents: sRl RAKESH KUMAR, AGP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL t WRIT PETITION N 0-446 0F 20/21 ORD ER: This Writ Petition is filed under ,{rticle 226 of the Constitution of India, seeking the following relief/s:- "... to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in interfering in the land of the petitioner's to an extent of land Ac.3. 12 gts in Sy.No.68/A of Komatibanda, Gajwel Mandal, Siddipet District without due process of law as illegal, arbitrary, against the principles o[ natural justice and violating the Articles 21 & 30O-A of the Constitution of India and consequently direct the 4th Respondent not to interfere in the land of the petitioner's to an extent of Ac 3.12 gts in Sy.No.68/A of Komatibanda, Gajwel Mandal, Siddipet District and pass such other order or orders ..."

2. Heard Mr.Y.Bala Murali, learned counsel for the petitioner and Mr.Rakesh Kumar, learned Assistant Government Pleader for Revenue representing learned Government Pleader for Revenue appea-ring for respondents.

3. The brief facts of the case a-re that the petitioner is the owner and possessor of land admeasuring Acs 3.12 gts, Khata No.36 in Survey.No.68/A of Komatibanda, Gajwel Mandal, Siddipet District; that the said land was purchased through valid sale deed vide document No.4O3 of 1990 dated

25.01.199O; that even since the date of purchase, the name of the petitioner was mutated in the revenue records; that the pattadar pass book and title deed was also issued. in favour of i \ / / 2 the petitioner vide Khata No.36 by the Tahsildar, Gajwel. Later, the Government of Telangana also issued new pass book showing the title of the petitioner vide new pass book No.T1OO7O25OO26; that the petitioner was doing agricultural operations in the said land without any interruption from the villagers since 1990. Whileso, respondent No.4 is interfering with the possession of the petitioner over the subject land, without having any right or title over it, stating that the petitioner was using the Government land and resumed the land admeasuring Acs 3.12 gts in survey No.68/A of Komatibanda, Gajwel Mandal, Siddipet District. Aggrieved by the same the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submits that the petitioner is the owrrer and possessor of land admeasuring Acs 3.12 gts, Khata No.36 in Sy.No.68 lA of Komatibanda, Gajwel Mandal, Siddipet District and he has succeeded the said propert5r from his forefathers. He states that the petitioner is the title holder of the subject property and respondent No.4 is interfering with the peaceful possession and enjoyment of the petitioner over the subject property, without causing any notice, which is violation of principles of I l I i { i i, l,i t I I E T ! T I I i i : : i :, .. : !: j n i t I r) 3 natural justice. Therefore, the petitioner is constrained to lile this Writ Petition and seeks the indulgence of this Court.

5. Per contra, learned Assistant Government Pleader by furnishing the copy of written instructions passed on to the learned Government Pleader by the Tahsildar, Gajwel Mandal submits that, as per Khasra Pahani 1954-55, the land admeasuring Acs.7.32 gts in survey No.68 is classified as "I{hariz Khatah" (government land) but subsequently, it was allotted to the landless poor; that the petitioner had purchased the government land illegally violating the conditions of Assignment and entered his name wrongly in the Revenue Record.s. He states that the official respond.ents are not interfering into the land bearing survey No.68 and the ! I I said land would be resumed only after following the due process of law. Hence, he states that the Writ Petition is 1 misconceived and seeks to dismiss the Writ Petition.

6. In view of the facts and circumstances of the case and on considering the submissions of the learned Assistant Government Pleader for Revenue that land bearing survey No.68, Komatibanda, Gqiwel Mandal, Siddipet District would. 4 be resumed only after following the due process of law, this Writ Petition deserves no further consideration.

7. Having regard to the submissions of both the learned counsel and on perusal of the material available on record., this Court without making any observation on the possession of the petitioner, is of the opinion that if at all respondent No.4 is contemplating to take action against the petitioner with regard to the subject propert5r, he shall strictly follow the procedure contemplated under law.

8. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneou.s petitions pending, if any, shall stand closed. SD/.K.BHAVANI ANT D l- / ,/TRUECOPY" SECTION OFFICER To, 1 The PrinciPal Secretary Telangana', HYderabad' for Revenue, Secretarial Buildings' The State of

2. The Collector, Siddipet District State of Telangana' 3. The Revenue Divisional officer, Gajwel Division siddipet District 4. The Tahsildar, Gajwel Mandal Siddipet District 5. One CC to SRl. BALA MURALI Y Advocate IOPUCI 6. fwo ccs to GP FOR REVENUE (TG) ,High court for the State of Telangana {ourl

7. Two CD CoPies PVL BS/MMT l t I HIGH COURT DATED:19/08/2025 \ \ ORDER WP.No.446 of 2 :t 21 {HE S \ ':) U -t' , i(t ?n:. \.* 0 I JAN 202[ z n DISPOSING OF THE WRIT PETITION WITHOUT COSTS MI-47 a+ la. as-