Polu Kumara Swamy v. 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in interfering into the peaceful possession and cultivation of the agriculture land of the petitioner to an extent of Ac.1 .29 gts in Sy.No.111lC4B to an extent of Ac.2.04 gts in SY.No.1 11lC4A totaling to an extent of Ac.3.33 gts which is situated at Bheemadevaraplli Village, Bhemadevarapalli Mandal, Hanmakonda District and trying to dispossess the petitioner from his above agriculture land, and also threatening to hand over the land of the petitioner to the respondent Nos.s to 7 and trying to transfer the land of the petitioner on the name of respondent Nos.s to 7, without issuing any notice and without following the due process of law is highly illegal, arbitrary, unco nstitutional and violation of Principles of Natural Justice and also in violation of Articles 14,21 and 300-4 of the Constitution of lndia and consequently direct the respondent No.4 not to interfere into the peaceful possession and cultivation of the agriculture land of the petitioner to an extent of Ac.1 .29 gts in Sy.No.111lC4B to an extent of Ac.2.04 gts in Sy.No.111lC4A totaling to an extent of Ac.3.33 gts which is situated at Bheemadevaraplli Village, Bhemadevarapalli Mandal, Hanmakonda District and not to dispossess the petitioner from his above agriculture land, and also not to threaten to hand over the land of the petitioner to the respondent Nos.5 to 7 and not to transfer the land of the petitioner on the name of respondent Nos.s to 7, to follow the due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No.4 not to interfere into the peaceful possession and cultivation of the agriculture land of the petitioner to an extent of Ac.1.29 gts in Sy.No.1 11lC4B to an extent of Ac.2.O4 gts in SY.No.1 11tC4A totaling to an extent of Ac.3.33 gts which is situated at Bheemadevaraplli Village, Bhemadevarapalli Mandal, Hanmakonda District and not to dispossess the petitioner from his above agriculture land, and also not to threaten to hand over the land of the petitioner to the respondent Nos.s to 7 and not to transfer the land of the petitioner on the name of respondent Nos.S to 7, to follow the due process of law pending disposal of the writ petition. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondent Nos.1 to 4: AGp FOR REVENUE Counsel for the Respondent Nos.5 to 7:-- The Court made the following: ORDER I THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.1743 of2025 ORDER: This writ petltion is liled with the lollowing relief:- "...to issue an order or direction ntore parlicularly one in the nature of Wit of Mandanus de,claing the action of the respondent No.4 in irterfeing into the peaceful possession and cultiuation of the agiculture land. of the petitioner to an extent of Ac.1.29 gts in Sy.IVo. lll/C4B to an ertent of Ac.2.04 gts in SY.No.111/C4A totating to an extent of Ac.3.33 gts which is situated at Bheemadeuaroplti Viltage, Bhemadeuarapalli Mandal, Hanmakonda District ond trying to dispossess the petitioner from his aboue agiculture land and o.lso threatening to hand ouer the land of the petitLoner to the respot\lent .Nos.s to 7 and trying to transfer the tand of the petitioner on the name oJ respondenl lVos.S lo 7, tuithout tssuing ang nottce and without following the due process of lattt is hightg iltegal, erbitrary, unconstituttonal and vtolotion of PincipLes of Natural Justice and olso in uiolation of Artictes 14, 21 and 3OOA of the Canstttutiot of India and consequentty direct the respondent No.4 nol to itterfere into the peaceful possesslon and cultiuation of the agiculture land of tlrc petttioner to aft extent oJ Ac.1.29 gts in Su-No.l11/C4B to an ertent of Ac.2.04 gts in SY.No.L11/C4A totaling to en exlent of Ac.3.33 gts trhtch is situated at Bheemnd.euctraplli Vittage, fJhemlde uarapqttt Mandat, Hanmakonda Dtstict antl not ,o di.spossess [/le petitioner from'his aboue agiculture land and o.lso not to threaten to hand ouer the land of the petitioner to the respondenl Nos.s to 7 and not to transkr the land of lhe petitioner on the name of respondenl .1Vos.5 to 7, to foLlow the due process of law and to pn-ss such other order or orders as thts Hon'ble Court ntay cleem rtt and proper in the circumstances of the cqse"

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage and in view of the relief sought in this writ petition, issuance of noticc to the un-official respondents is dispensed u,ith j CVBR..I \\p l7-+--i l0l5 It is stated that there are civil disputes between the 3. petitioner and contesting respondent Nos 5 to 7 and suits are pending between them claiming the rights over the subject property. The grievance o[ the petitioner is that pending adjudication 1 of the civil suits, at the instance o[ contesting respondents, the Tahsildar is frequently interfering u'ith the peaceful possession of the petitioner and causing inconvenience for enjol'ment of the subject property

5. Learned Assistant Government Pleader appearing for respondent Nos.l to 4 on instructions would subn-rit that the revenue authorities are not interlering with the rights of the petitioner or the contesting respondents, in any manner'

6. Since it is stated that there are civil dispLltes pending between the petitioner and the contesting respondents, this Court deems it appropriate to dismiss the *rit petition relegating the petitioner to agitate his claims in pending suits, in accrlrdance with

7. With the above observations, the Writ Pe tition is dismissed' No/order as to costs. CVBR, J wp 17 43 _2025 As a sequel, the rniscellaneous petitions, if any, pending in this writ petition shall stand closed. /ffRUE COPY// To, \

1. One CC to Sri Rapolu Bhaskar, Advocate [OPU 2. fwo CCs to GP for Revenue, High Court for the Hyderabad [OUTJ

3. Two CD Copies SD/. A. SRINIVASA REDDY REGISTRAR ASSIS s N OFFICER State of Telangana, at @ HIGH COURT DATED:221011202s ORDER WP.No.1743 ot 2025 EH1 14 o (, o .\, o {1 tF ]j 2[6 * 1t.:- * ira,l C Co DISMISSING THE WRIT PETITION WITHOUT COSTS I \b W