✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,118 words

Acts & Sections

8. Thakala Sri Hari_Rao, S/o. T. Koteswar Rao, Ex-serviceman, Rep.by its GpA Mr. R. Ne{son, S/o. Late A. Ratna Raj, Aged about 60 years,'Oc6: private Employee,. Plot No.4, Brindawan Colony, A.S. Rao'Nagar, ECIL post, Hyderabad-62. -Dr.

9. M. Dhanamjayagu, S/o. M. Sheshaiah, Occ: Ex-Serviceman, Aged about 63 ye^ars, Occ: Business, Cio. Plot No.4, Brindawan Colony, Dr. A.S-. Rao Nagar, ECIL Post, Hyderabad-62. AND 1 . The District Collector, Ranga Reddy District, Lakdikapool, Hyderabad. 2. The Mandal Revenue Officer, Shameerpet Mandal, Ranga Reddy District. 3. The Greater Hyderabad Urban Development Authority, HMDA., Rep. by its Estate Officer Tarnaka, Hyderabad. ...PETITIONERS ...RESPONDENTS Petition und e - \rticle 226 of the Constitution of lndia praying that in the circumstances stale(i in the affidavit filed therewith, the Higr (lourt may be pleased to issue a r ,r rder, direction or writ more particularly one in the nature of Writ of Mandamr"rs, ,leclaring the action of the 3rd respondent in in:erfering in the petitioners Agricr.lltural P,ctivities of their respective lands situatt:rd in Jawahar Nagar Village, Sharre erpet Mandal, Ranga Reddy Dist., is illegal arbitrary and unjust and conseq r-rerrr:ly rlirect the 3'd respondent not to interfere in the petitioners Agricultural Activitie.; jf their respective lands situated in Sy.Nos. 712, 1O37 and 1040, 114, 151 , lilF 121,,138, 115, 149, in Jawahar Nagar Vrllagr:, Shameerpet Mandal, Ranga Redriv Dir;t. l.A.NQ; 1 OF 2009(h/t,MP. NO: 8364 OF 2009) Petition under S ect.ion 151 CPC praying that in the circumst:rnces stated in the affidavit filed ,n sLroport of the petition, the High Court may be pleased to direct the respondents arrrl its; officials not to interfere the petitio,rer's Agricultural Activities in their res re ctive lands situated in Sy.Nos. 712, 1037 tl 1140, 114, 151 , 12P, 12P, 138, 11ij, 149 of Jawahar Nagar Village, Shameerpet lr.4andal, Ranga Reddy Dist., pendirc c isposal of the main Writ Petition. Counsel for the Petitir:ne'rs: SRI G. RAVI MOHAN Counsel for the ResSxrnclents No.I & 2: GP FOR REVENUE Counsel for the Responclent No.3: SRI Y. RAMA RAO, S.C. FOFI HMDA The Court made the ''ollowing: ORDER THE HON'BLE SRI JT'STICE N.V.SHRAVAN KUMAR Writ Petition No.6401 of 2009 ORDER: The present writ petition is hled declare the action of respondents in causing their interference with petitioners peaceful possession and enjo5rment of the lands in Sy.Nos.712, LO37, IO4O, 114, 151, 12P, r2P, 138, 115, 149, situated at Malkaram Village, Jawaharnagar, Shameerpet Mandal, Ranga Reddy District as illegal and arbitrar5r and consequently direct respondents not to dispossess or interfere with the petitioners' peaceful possession.

2. It is submitted that petitioners are the ex- serviceman and a member of Jawaharnagar Land Colonization Cooperative Society. The Government has allotted Ac.S-OO gts., of land to the each of the petitioners under ex-serrricemen quota. Petitioners narnes were a-lso recorded in the pahani pathrikas and they are in peaceful possession of the property. Learned counsel for the petitioners would submit that thereafter, petitioners have developed the land by levelling it to suit for cultivation and ! , i : \ 2 the societ,, has regula-rized the possessior of the petitioners. rVh ile things stood thus, the responde at No'3 who is un--<nr:ected with the present writ peliti'rn was frequentll, :r pp:-oaching the petitioners and tlrreratening them to h zr tdrtver the possession of the subje':t land without an'r tol.ice. Questioning the same, the presr:nt writ petition,5fi r:d.

3. TIr:; Court on 26.03.2009 has granted rr.n interim order, whicL, is as follows: "The : t ttit;:oners state that tleir cases are pe.nding for considerat t, , tn tertns of tle judgment oJ this, ()ourt in W.P.No.il9t1? oJ 1999 and batctt- It is also stated tl'nt theg are still in I)() ssession. In the said batch of urit petitio ns, fhis Court dire,:,r'7 t\at pending consideration of the appris611i6ng filed bg '.h.e , x-seruicemen, status quo a.s regards por"session shal| b<t rr 'intained. In that uieut of the matt.er, the respondent; erc directed not to interfere with the pol',session and enjotlr tlt of tlrc petitioner ouer the land a.ncl. at tle same tirnl., ' rc petitioner shall not alter or otherutis,z create third panttl ,i lhts ouer tle said larud.' 4 . L': i rn ed counsel for the petitioners drawn attention c[ :his Court to copies of distribution of land to the petition r' -s. 3

5. No counter alfidavit has been frled by respondent Nos. 1 and 2.

6. In that view of the matter, since interim order has already been passed staying the dispossession and no ,counter alhdavit has been frled by respondent Nos. 1 and 2 till date, this Court deems it appropriate to dispose of the writ petition directing respondent authorities not to interfere with the subject larrd of the petitioners without following due process of law.

7. In view of the above, writ petition is disposed of, accordingly. Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs. To, /ffRUE COPY// SO/- K. AMMAJI EPUTY REGISTRAR SECTION OFFICER 1 2 3 The District Collector, Ranga Reddy Dist. Lakdika pool, Hyderabad The Mandal Revenue Officer, Shameerpet Mandal, Ranga Reddy Dist. Ifi"oot ]fii,?i'1",ffb"P,'fg:' Hvderabad Urban Development Authority/

4. One CC to SRt c. RAV| MOHAN, Advocate [OPUC] 5 Iffi"r:ffaliatP for Revenue, Hish court ror the stare of reransana at ' . ' fontl-

6. One CC to SFI / FIAMA RAO, S.C. for HMDA tOpUCl 7. Two CD Copier:; MP GJP er\v HIGH COURT DATED:0510312025 :::: itA/ (,) 1 J I '; 3 0 rAr 1025 , C -a' * o PS :\) ,-.''e REDR WP.No.6,401 of 2009 DISPOSING OF THE WRII'PETITION WITHOUT COSTS I ) 6uu^g1v{ '),"'

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments