✦ High Court of India · 07 Jan 2025

High Court · 2025

Case Details High Court of India · 07 Jan 2025
Court
High Court of India
Decided
07 Jan 2025
Bench
Not available
Length
1,063 words

Acts & Sections

Petition under Article 226 of lhe 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 respondents more particularly the respondents 4 and 5 herein and their subordinates in interfering with possession and enjoyment of the petitioners over the land bearing Sy.No.9B, 107, 108, 109, 110 and 1 1 1 admeasuring Ac.8-18 Gts., situated at Hyderguda Village, Rajendranagar lllancal, Ranga Reddy District, that too without fo owing due procedure as conternplated under law, is highly illegal, arbitrary. in violation of principles of natural justice, and also violative of Article 14, 21 and 3oo-A of constitution of lndia, and consequenfly direct the respondents herein and their subordinates not to interfere with peacefur possession and en.ioyment of the petitioners over the subject rand, without foflowing due procedure as contemprated under Iaw. IANO: 1OF2 025 Petition uncrer Section 'r 51 cpc praying that in the circumstances stated in the affidavit filed in sr-rpport of the petition, the High court may be preased to direct the respondents here n and their subordinates not to interfere with possession and enjoyment of the retitioners over the land bearing Sy.No.98, 107, .108, 109, .1 .10 and 1 11 admeasu'ing Ac.g- 1g Gts., situated at Hyderguda Viflage, Rajendranagar Mandal, Ranga Reddy District, without fo[owing due procedure as contemprated under law, pendingl disposal of the writ petition. Counsel for the Petitioners: SRI MOHD MOIN AHMED QUADRI counsel for the Respondent Nos.l To 4: Gp FoR rRRr AND coMM AREA DEV Counsel for the Respondent No.S: - The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.459 of 2025 ORDER This writ petition is filed seeking the following relief: "....fo issue a utnt, order or direction more parlicularlg one in the nature of Wit oJ Mandarnus declaing the actton of the respondents more particularlg the respondent Nos.4 and 5 herein and thetr suborditLotes tt itterfering tuith possessiorl ond. enjogmetLt of the petitioners ouer the land beaing Sg.Nos.98, 1O7' 108, 1O9, 110 and 111 adneasuing Ac.B.18 Gts situated at HAderguda Village, Rajendranagar Mandal, Rango ReddA Distnct that too without follotutng due procedure as contemptated tltlder lau,t is highly illegal, arbitrary, in uiolation of pincipLes of noturol justice and also wolatiue of Articles 14,21 and 300A of Constitution of India and consequentty direct the respondctlts herein and their subordinates not to interkre with peoceful possession orLd enjoAment of tlTe petitioners ouer the subject Ldnd without follotuing due proceclure as contemploted under lau . . . . "

2. The case of the petitioncrs is that they are the absolute owners and possessors of various extents of land forming part of Survey Nos.98, 1O7, 1O8, 109, i10 and 111 in total extent of Ac.S.18 guntas situated at Hyderguda Village, Rajendranagar Mandal, Ranga Reddy District. The grievance of the petitioners is that, respondent Nos.4 and 5 herein and their subordinates are frequently inter[ering with their possession and causing inconvenience for their enjoyment over the subject property.

3. Learned Assistant Government Pleader for Irrigation appearing for respondent Nos. 1 to 4, has submitted that there is ) a dispute v,ith legard to the classilication and identilication of the lands c laimccl by the petitioners, therefore, the respondents have in:;pected the land and thcy u.ill conduct e nciuiry to determinc t-he rights over the subject land b1, following due - proccdur e contemplated in lar,,r,.

4. In vir'u, of the above submi.ssions, this Court, deems it appropri,rte to dispose of the writ peLition directing the respondents not to interfere with thc subject patta lands in Survey \os;.98, 7O7, 108, 109, 11O and 111 sil.uated at Hydergurla Village , without following due process of lau. :rnd iI there is zrny claim of the respondents over the subject land, the respondcnts are directed to issue a notice to the petitioners and after deLr:rrr ination of the rights only take appropriate action in accordancr: with law.

5. Wir,h the above observations, this Writ Pctition is disposed of. No cosLs.

6. Mis;cellaneous petitions, if any, pencling sherll stand closed //TRUE COPY// SD/- T. TTRUMALA DEVI ASSISTANT REGISTRAR SE ION OFFICER To Hvderabad Stiate of Telanqana'

1. The Principal Secretary, lrrigation and CAD Department' Secretariat' 2. i6; il;;i* Engin"JiliiYGjion ano cAD Department Hvderab€d . . a. iijE 5ilp6iiiiJ,,o""nt Eiiji,i"L",.,l*gition and cAD Deoartment R R.District 4. The Assistant r=xecuiivS'Eigi#"i] tirigrti"n and cAD Departn'rent, 5. The Managing Director, Mus i Riverfront Development Corporation, State of Rajendranag ar, R.R.District Telangana. Ta One CC to SR Two CCs to GP FOR lRRl AND COMM AREA D of Telangarra, at Hyderaba rnaka, Hyd erabad ITMOHD MO IN AHMED QUADRI, Advocate [OPUC] d. [our] EV, High Court for the State 6 7 8 Two CD Cooiers HIGH COURT DATED:0710112025 ORDER WP.No.459 o12025 \a. C i:if (,

1. | I s'\itBM :'"' , t ,,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ 2 ;\lr €

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