High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in\ circumstances stated in the affidavit filed therewith, Ihe High court may ue - pleased to issue writ or direction preferably Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner in respect of land Ac.2-1 5 gts., in Sy. shown as Sy.,No. 311/3) out of total Ac.9-15 gts_, situated at Ramanujavaram (v) lvlanugunu([V1 Bhadradri Kothagudem District without issuing notice and without initiating any proceedings over his patta land as illegal, arbitrary and violation of principles of natural justice and violattve of Art.300-A of Constitution of lndia and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject land in any manner ,--J lA NO: 1 OF 2019 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 not to int"rf"'" with the peaceful possession and eniolment of the ;;" ]'.i]**. petitioner in respect of land Ac'2- 1 5 '!ts'' in Sy' No' 31 1/3 on line pahani it was shown as Sy. No.-311/3). out of total Ac 9-1 5 gts'' situated at Ramanu'lavaram (v) lrilanuguru(M Bhadradri Kothagudem District' pending disposal of the Writ Petition in the interest of Justice IA NO:2 oF 2019 Between:

1. State of Telangana, rgp 9y ils Principal Secretary' Medical and Health , ?f;8flI$fril'*1T:iri'fi',IJ:,?[%3i."', Koth a gud e m' B had rad ri Kothagd uem a Bli,l,rryfr"rlth centre (enc), ruqluqyt' Rep' bv its superintendent Bhadradri Kothagudem ursl ...'ETITIONERS/RESPONDENTS AND

1. Pania Kanaka Durga lvlalleswara Rao' S/o late Rama Rao aqed 50 years Occ Aori'culture r/o H.no' 7i:3'8jf rjlnb"'g'd"' Manuguru (tril) Bhadraort K5thagudem District ...RES'ONDENT/PETITIONER

2. M. Umakar, S/o not known Aged about 45 years Occ civil contractor Behind Telephone Exchange, ;;;&fi ;'J"'' rt'raiuguru(tV l' Bhad rad ri Kothagudem 3. The Tahsildar, [V.lanuguru Mandal' Manuguru' Bhadradri Kothagudem District' Dist. 4 The Mandal Survevor, Ni,a;'i;;; einio'6oti Kothagudem District (Respondents No.z to 4 are not necessary parties) ...RESPoNDENTS Petition under Section 151 CPC praying that in the circumstances stated in led in support of the petition' the High Court may be pleased to of 2019 in the affidavit fi vacate the lnterim directions dated: 25'01 '2019 passed in l A'No 1 W.P.No.1 238 of 2018 and dismiss the Writ Petition' Counsel for the Petitioner: SRI KOW1IJRU- PAVAN KUMAR counselfor the Respondeni'rloti:r{s' AGP FoR MEDIcAL & HEALTH FW ffiil;i ;;; ir," ii"'b"na"nt Nos'5 & d AGP FgR REvENUE i ffi;;;i ;;; il; R".'p""dent No'4: iiJi"r.t ria" the following: oRDER \__. ..'..i 1 SK,J THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.1238 OF 2019 ORDER:

1. This Writ Petition is hled questioning the action of the respondents in interfering with the possession and enjoyment of the petitioner in respect of his lald admeasuring to an extent of Ac.2.15 guntas 1n Sy.No.311/3, out of Ac.9-15 guntas, situated at Ramanujavaram Village, Manuguru Mandal, Bhadradri-Kothagudem District (hereinafter referred to 'suit schedule land'), without issuing any notice and sought a direction to the respondents not to interfere with the possession and enjoyment of the petitioner over the subject land.

2. Heard the learned Counsel for the petitioner, the learned Assistant Government for Pleader for Medical & Health and the learned Assistant Government Pleader for Revenue, appearing for the respondents h t\ 1 SK,J

3. The learned Counsel for the petitioner would submit that while admitting the writ petition, this Court granted interim orders on 25.01.2019 in I.A.No.I of 2Ol9 in W.p.No.1238 of 2019 directing the respondents not to interfere with the possession and enjoyment of the petitioner over the subject land and in the event they chose to do so, the respondents shall strictly abide by the due procedure laid down by law.

4. The learned Counsel for the petitioner would further submit that after filing the writ petition, as per the request of the Tahsildar/Respondent No.5 the petitioner relinquished his rights in respect of Ac.0.O5 guntas in Sy.No.31 1/2 part of Ramanujavaram of Manuguru Mandal from his extent of Ac.9.15 Guntas and subsequently the Tahsildar also issued Form-C (Rule-16) i.e. F.orm of Razinama of Relinquishment under Telangana Area - Land Revenue Rules, 195 1 and a note that effect SK,J was a-lso issued on ll.O2.2O2O by the Tahsildar and the respondents are not interfering with the possession of the petitioner in respect of the suit schedule land and requested to pass appropriate orders.

5. The learned Assistant Government Pleader for Revenue and the learned Assistant Government Pleader for Medical & Health not disputed the submission made by the learned Counsel for the petitioner and requested to pass appropriate orders' In view of the submission made by both sides, 6. this writ petition is disposed of directing the respondent-authorities not to interfere with the possession of the petitioner in respect of the suit schedule land without following due process of law' If the respondents wants to acquire the land of the petitioner, they have to follow the procedure as contemplated under Right to Fair Compensation and 1 Puge 4 of 4 .SI(,J Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2Ol3. No order as to costs

7. Miscellaneous applications pending, if any, in this Writ Petition, shall stand closed. ,TRUE COPYII SD/- A. SRINIVASA REDDY ANT REGISTRAR A ! SECTION OFFICER To 1 2 3 4 R 6 7 o PrincipaI Secretary, lvledical and Health' Department, ecretariat, Hyderabad, State of Telangana The District Medical and Health Officer, Kothagudem, Bhadradri Kothagduem Dist. Primary Health Centre (PHC),Manuguru, Rep. by its Superintendent Bhadradri Ko{hagudem Dist. The TahsiHad, It4anuguru lrr'landal, Manuguru , Bhadradri Kothagudem District The lvlandal Surveyor, Manuguru, Bhadradri Kothagudem District One CC to SRI KOWTURU PAVAN KUMAR, Advocate IOPUCI Two CCs to GP FOR MEDICAL HEALTH & FW, High Court for the State of Telangana, at Hyderabad. [OUT] Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies PSK. GJP w HIGH COURT DATED:1 3lOZl2025 \ i I i I ORDER WP.No.1238 of 2019 ( 0 t\E STAT € o 2 0 l{A\ 20?5 i Dr 1;rt,tC* eo .\ I DISPOSING OF THE WRIT PETITION WITHOUT COSTS p n(e& cs\ x# l