Ivtamidipalli Satyanarayana 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 appropriate writ, orders or directions and more particularly in the nature of Writ of ltlandamus declaring that the acts, deeds and things of the respondents 1 to 4 in illegally interfering with peaceful possession and enjoyment of the petitioners patta lands total admeasuring Ac-9-32 guntas in Sy. Nos. 344/1, 34412 and 344lA situated at Ramanujavaram, Kondaigudem Village, Manugur Mandal, Bhadradri Kothagudem District, are i{legal, mala fide, arbitrary, without jurisdiction and for obvious reasons and considerations, abus r : of process of law and much against to the legal and fundamental rights gua'anteed under the constitution of lndia and consequently direct the responde rts 1 to 4 not to interfere with the peaceful possession and enjoyment of t" ) petitioners patta lands total admeasuring Ac.9-32 guntas, in Sy. Nos. 344l I 34412 and 34414 situated at Ramanujavaram, Kondaigudem Village, [t/anugu- lr,4andal, Bhadradri Kothagudem District. t.A.NO:1 OF 2020 Petition Under section 151 CPC praying that in the cir(rt mstances stated in the affidavit filed in support of the petition, the High court nay be pleased to direct the respondents 1 to 4 not to interfere with the peace 'ul possession and enjoyment of the petitioners patta lands total admeasuring Ac 9-32 guntas in Sy Nos. 344/1 , 34412 and 344/4 situated at Ramanujavaram K: rdaigudem Village, [\i'lanugur Mandal, Bhadradri Kothagudem District- Counsel for the Petitioner : SRI PALIVELA SAWARAJA BAE U Counsel forthe Respondents : SRI H.RAKESH KUMAR, AGF FOR REVENUE The Court made the following ORDER THE HON'BLE SRT JUSTICE E.V.VENUGOPAL WRIT PETITION No.1119 OF 2o.20 ORDER: This Writ petition is filed seeking writ of mandamus declaring the action of the respondents 1 to 4 in illegaly interfering with peaceful possession and enjoyment of the petitioners patta lands total admeasuring Acs.3.92 guntas in Sy.Nos.3 44/ L, 344/2 and 344 /A situated at Ramanujavararn Kondaigudem Village, Manugur Mandat, Bhadradri Kothagudem District, as illegal, arbitraqr and without jurisdiction and consequently, to direct the respondents L to 4 not to interfere with the peaceful possession and enjoyment of the petitioners patta lands total admeasuring Acs.9.32 guntas in Sy.Nos. .344/1, 344/2 and 344/A situated at Ramanujavaram Kondaigudem Village, Manugur Mandal, Bhadradri Kothagudem District (hereinafter will be referred to as ,subject propertyJ.

2. Learned counsel for the petitioners sr.bmits that the petitioners are absolute owrrers and pc ssessors of agricultural land situated at Ram: nujavaram, Kondaigudem Village, Manugur Mandal Bhadradri Kothagudem District. The lst petitioner a<:, pired land admeasuring Acs.5.00 guntas in Sy.No.344l2. The 2r,d petitioner acquired land admeasuring Acs.2.32 guntas 1n Sy.No.344/1, and the 3rd petitioner acr uired land admeasuring Acs.2.00 guntas in Sy.No. \44 lA, all situated at Ramanuj avararn Village, Manu;1 rr Mandal, Bhadradri Kothagudem District. Their name r have been mutated in the revenue records as pall adars and possessors. They have also been issur.r. pattadar passbooks, title deeds, and e-pattadar per sbooks on

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3. Learned counsel for the petitioners furtt er submits that the subject property was originally acq-l ired by the grairil-fither of the 3rd petitioner in the year 1963. After his demise, the land was setfled in farr ur of the Page 3 of6 petitioners, and the 3rd petitioner inherited Acs.2.00 guntas of land, with his name duly mutated in ttre revenue records. The lst petitioner a_lso obtained an electricity service connection for agricultural purposes in the year 1996. The petitioners have been in possession of the subject property since 1963.

4. While the matter stood thus, respondents I to 4, particularly the 4th respondent, appear to have been influenced by certain villagers, who requested that a portion of the subject property be allotted for use as a burial ground. tearned counsel submits that instead of identifying and allotting suitable government land for the villagers of Kondaigudem, the 4th respondent is allegedly insisting upon and pressuring the petitioners to part with 10 guntas of their land for the said purpose, without following the due process of law.

5. On the other hand, the learned Assistant Government Pleader, representing the learned Government Pleader for Revenue, submits that the Page 4 of6 petitioners have approached this Court L I Lder a mere apprehension. He submits that, in fact, no llegal action has been contemplated by the 4th responclt: rt to acquire the subject property belonging to the pt:.itioners. He further submits that, if at all the 4t.tL respondent proposes to acquire any portion of the subl :ct propert5r, he shall follow due process of law as per tl e procedure established under law. IIe also assur( s that the petitioners will not be dispossessed withc ut following such due process.

6. Having heard the learned counsel for t: : petitioners and the learned Assistalt Government Pleader for Revenue, and upon perusal of the materiai available on record, this Court is of the opinion tt at the 4th respondent 1S obligated to follow due prr cess of law before acquiring any portion of the subl :ct propert5r belonging to the petitioners. 7 . In the result, the Writ Petition is dispc'r ed of with a direction to the 4th respondent not to di;possess the Page 5 of6 petitioners from the subject property without following due process of law As a sequel, miscellaneous petitions, if any, pending, shall stand closed //TRUE COPY// SD/. A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR 6 SECTION OFFICER To

1. The Principal Secretary to Government, Revenue Department' Secretariat z in.lbiiti[i collector, Bhidradri K6thasudem District, Kothagudem' 5. ih" Srtl-Coliector, Bhadrachalam, Bhadradri Kothagudem Drstrict- +. fne iif,"siidar, Manuguru Mandal, Bhadradri Kothag-udem Pistrict' S. f*" Ct. io Cp FOR HEVENUE, High Court for the State of Telangana at o iii,""cCt" sht CRrtveu sATYARAJA BABU, Advocate [oPUC] 7. Two CD CoPies Hvderabad. [OUTI S D B* o i t * := iE 1 laS c5l(q2rt2$ z- T TCt ,go a HIGH COURT DATED:2010812025 ORDER WP.No.1119 ot 2020 DISPOSING OF THE W.P WITHOUT COSTS.