✦ High Court of India · 08 Jan 2025

D.Vachya Naik v. 1. The State of Telangana

Case Details High Court of India · 08 Jan 2025
Court
High Court of India
Decided
08 Jan 2025
Bench
Not available
Length
1,186 words

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 ...RESPONDENTS pleased to issue a writ order or a direction, more particularly one in nature of Writ of Mandamus directing the Official Respondent No.3,4 and 6 , their staff not to interfere into peaceful possession of the Petitioners' agrilultural land at the instance of unofficial respondents No.7 to 12 except in accr>rdance with law on the petitioner's land which is consisting of Ac.2.39 gts in Sy t'.lo.264132 situated at Guvvaladinne Village, Kaluri Thimman Dhoddi Mandal, Jogulamba Gadwal District, Telangana and also declaring the highhanded actiorr of the respondents in trying to interfere into peaceful possession of the Petitionr:rs' agricultural land as arbitrary, unjust and violative of Article 14, 21 and 300-,4 of the Constitution of lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Official Respondent No.3,4 and 6 , their staff rrot to interfere into peaceful possession of the Petitioners' agricultural Iand at the instance of unofficial respondents No.7 to 12 except in accordance with law on the petitioner's land which is consisting of Ac.2.39 gts in Sy No.264132 situated at Guvvaladinne Village, Kaluri Thimman Dhoddi Mandal, .logulamba Gadwat District, Telangana, pending disposal of the writ petition in the interest of equity of justice Counsel for the Petitioner: M/s. OM LAW FIRM Counsel for the Respondent Nos. 1to4: GP FOR REVENUE Counsel for the Respondent Nos. 5to6: GP FOR HOME Counsel for the Respondent Nos. 7to12:-- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IITRIT PETITION No.632 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliet ".-..to issue a wi[ order or o direction more partianlarly one in nature of Writ of Mandamus directing the oJficial Respondent Nos.3, 4 and 6 their staff not to interkre into peaceful possession of the Petitioners agianLtural land at the instance of unofficial respondents Nos.7 to 12 except in accordance with laut on the petitioners land uthich is consisting of Ac.2.39 gts in SA.No.264/32 situated at Guuualadinne Village, Kalui Thimman Dhoddi Mandal, Jogulamba Gadtual Distict Telangona and also decloring the highhanded action of the respond"ents in trying to interfere into peaceful possessjon of the Petitioners agicultural land as arbitrary unjust and uiolatiue of Article 14 21 and 3OOA of the Constitution of India. - . . "

2. Considered the submissions of the learned counsel for the respective parties and perused the record

3. The petitioner claims to be the owner and possessor of land admeasuring Ac.2.39 guntas in Sy.No.264 I 32 situated at Guwaladinne Village, Kaluri Thimman Dhoddi Mandal, Jogulamba Gadwal District and the revenue authorities have mutated his name in Lhe revenue records and also issued pattadar passbooks and title deeds in his favour. It is the case of the petitioner that at the instance ol the third parties/adjacent owners, respondent Nos. i to 2 \ 6 are frequently interfering with his peaceful possess on and forcing him to sell the szrid lands in their favour Learned counsel for the petitioner vehemently :ontended that

4. the respondent.-authorities are not having any pou'er or aulthority to force the petitioller to sell the lands in favour of adjzLcent pattadars or third parties. Learned counsel for the petitioner fairly sublnitted that the 5. petitioner does not u'ish to press the present writ petition insofar as respondent Nos.7 to 12 are concerned' Permissioo as sought for is accorded and this u'rit petition ts 6. withdrawn insofar as respondent Nos T to 12 ate concerned with a liberty to approach the competent civil CotLrt for obtaining necessary inlunclion orders, if respondent Nos T t'l 12 interfere with the peaceful ptlssession of the petitioner' In view ol the above, this Court is of the opinion that ends of 7. justice would bc me L if respondent Nos' 1 to 6 are directed not to interfere with the peaceful possession of the petitioner over the land admeasuring A'c.2.39 guntas in Sy'No'264,/312 sit'uated at Guwaladinne \/illage, Kaluri Thimman Dhoddi Mandal' ' logulamba Gadwal District, in any manner, except in accordzLnce with 1aw' J

8. With the above observations this Writ Petition is disposed of No order as to costs As a sequel, the miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPYII SD/- T.TIRUMALA DEVI ASSISTANT REG/STRAR SECTION,OFFICER

1. The Secretary, Dept of Revenue, Secretariat, T.S.,Hyderabad. 2. The District Collector, Jogulamba Gadwal District, Telangana. 3. The Tahasildar, Kaluri Thimman Dhoddi Mandal, Jogulamba Gadwal District, 4. The Mandal Surveyor, Kaluri Thimman Dhoddi lVlandal, Jogulamba Gadwal Telangana. District, Telangana. Thimman Dhoddi Mandal Jogulamba Gadwal District, Telangana.

5. The Superintendent of Police, Jogulamba Gadwal District, Telangana. 6. The Station House Officer, Kaluri Thimman Dhoddi Police Station , Kaluri 7. One CC to M/s. OM LAW FIRM, Advocate [OPUC] 8. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at 9. Two CCs to GP FOR HOME, High Court for the State of Telangana, at Hyderabad [OUT] Hyderabad [OUT]

10.Two CD Copies Btu I I / k q o icr, sra, -€' 12 ttB 2[/5 a * t O E- 1;,4.1C r \==--- HIGH COURT DATED:0 810112025 ORDER WP.No.632 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \v

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