High Court · 2025

6. Srihari Rao, S/o. Ramaiah, Aged about 45 years, Occ- Ex-Sarpanch and Civil Contractor, Rl/o. Surjapur Village, Kannepally Mandal, Mancherial District. .....RESPONDENTS 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 respondents in interfering into petitioner's peaceful possession and enjoyment of his land in Survey No. 35111111l1t|111111l1l1, to an extent of Ac.2.3070 gunlas, Situated at Surjapur Village shivar, Kan nepalli Mandal, IVlancherial District, for the co lstruction of a compound wall of t\4PP School at surjapur Gram panchayath under the guise of Proc.No.w4l27l EGS/Admin.sanction/ 2021 , dared o2-og-2o24 issued by the respondent No.2 as illegal, arbitrary and in violation of Articles 300-4 of the constitution of lndia and consequenfly direct the respondents not l,l interfere into petitioners peaceful p,ossession and enjoyment over the above said land without following due proces;s of law. |.A.NO:1 OF 2025 Petition Under rSection 151 cpc praying that in the circumstances stated in the affidavit filed in s,upport of the petition, the High court may be pteased to direct the respondents not to interfere into petitioner,s peaceful possession and enjoyment of the land in Survey No. 3sl1/1t1t 1l1l1t1l1t1l1, to an extent of Ac.2.3o7o guntas, situated at surjapur Viflage shiver, Kannepaili. Mandar, Mancherial District vr/ithout following due process of law, pending disposal of the main writ petition. Counsel for the Petitioner : SRI RUDRESH DESHPANDE 991nsel for the Respondent Nos.1 to 3 & 5 : Gp FoR pANcHAyAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.4 : SRt R.CHANDRA SHEKHAR REODY Counsel for the Respondent No.6 : - The Court made the following ORDER I THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.7O9 of 2o25 ORDER The Writ Petition is frled seeking the following relief: "-..to issue a u.tit order or direction more partiatlarlg one in the nature of Wit of Mandamus declaing the action of the reSpondents in interfeing into petitioners peaceftl possession and enjogment of his land in SurueA No.36/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1/ 1 to an extent of Ac.2.307O qlntos, Situated at Surjapur Village shiuar, Kannepalli Mandal, Mancheial Distict for the construction of o compound uall of MPP School at Surjapur Gram Panchayath under the guise of Proc.No.W4/ 27/ EGS/ Admin.Sanction/ 2021, dated O2 09-2024 i-ssued by the respondent No.2 as illegal, arbitrary and in uiolation of. Articles 3OO-A of the Constitution of tndia and consequentlg direct the respondents not to interfere into petitioner's peaceful possession and enjogment ouer the aboue said lond u.tithout follouing due process of law and to pass..."

2. Learned counsel for the petitioner submitted that the petitioner's father was the owner and possessor of the agricultural land to an extent of Ac.2.3O7O guntas in Survey No.36/ I / | I I I 1 I I I I I I / I / I / I, situated at Surjapur Village shivar, Kannepalli Mandal, Mancherial District and after the demise of the petitioner's father, the petitioner became the owner and possessor of the said land. Learned counsel for the petitioner further submitted that the respondents are constructing the compound wall around MPP School at Surjapur Vitlage by encroaching the subject land of the petitioner. Learned counsel for the petitioner submitted that 2 wp_709_2025 the petitior:Ler has no objection to the construction of the compound u,all, but his only objection is that the respondents are trying to jnterfere with his peaceful possession by dumping the construction material in his land.

3. Vid<t ir,terirn order dated Oa.Ol.2O25, this Court had directed the parties to maintain status quo obtaining as on that date.

4. I-earned Government Pleader for Panchayat Raj and Rural Development, appearing for respondents No. I to 3 & 5, has filed a coltry of the written instructions, according to which there is a proposal to construct a compound wall around Mpp School at Surjapur Village and the wall is yet to be constructed. It is also denied that construction material has been dumpecl by the contractor and copies of the related photographs zrre also filed along with written instructions.

5. In vie.ur,- of the above submissions, this Court cleems it ht ald proper to dispose of this writ petition at the admission stage, directing the respondents not to dump the conslruction material in the agricultural land of the petitioner to an extent of Ac.2.3O7O grrntas in Survey No.36/ t/ tl I/ 1 I | / | / I I I I 1 I t, situated at Surjapur Village shivar, Kannepalli Irlandal, \ .--.,..i-7,. -.1 | ,/,, 3 wp 709-)025 interfere with the subject property of the petitioner without following due process of law. 6 With the above directions, this Writ petition is disposed of. There shall be no order as to costs

7. Miscellaneous applications, if any, pending in this writ petition. shall stand closed. //TRUE COPY// SD/-N. SRIHARI ASSISTANT REGISTRAR E ON.OFFICER To SA BS

1. The Principil Secretary, Panchayat Raj and Rural Development Department, Dr.B.R. Ambedkar Telangana State Secretariat, Khairtabad, State of Telangana. at Hyderabad.

2. The District Collector, and District Programme Co-Ordinator of Mahatma Gandhi National Rural Employment guarantee Scheme, (MGNREGS) DRDA, Mancherial District, At Mancherial.

3. The District Panchayath Officer, Mancherial District, at Mancherial. 4. The lvlandal Parishad Development Officer, Special Officer, (Project Officer), Kannepally Mandal, Mancherial District.

5. The District Rural Development Officer, DRDA, Mancherial District, at Mancherial.

6. Two CCs to GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI RUDRESH DESHPANDE, Advocate IOPUC] 8. One CC to SRI R.CHANDRA SHEKHAR REDDY, Advocate (OPUC) 9. Two CD Copies a t ( a o 1HE S t4, ( 0 4' i'iAi 2c25 +' o r:rr€-o T HIGH COURT' DATED:2210112025 ORDER WP.No.709 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS. J] 0 { ,l \w