Golla Narsimulu v. Deoartment. Secretarlat Hyderabad'

petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanorderordlrectlonmoreparticularlyoneinthenatureofWritof Mandamusdeclaringtheactionoftherespondentsininterferingwiththepeaceful possession and enjoyment of the petitioner over the land in Sy' No' 33 and 34/5' total admeasuring Ac.1 -23 guntas srtuated at Jajapur Village, Narayanpet Mandal and District, by claiming the part of the said land as Government land, as iltegal, unlawful, contrary to law and consequently darect the respondents not to interfere with the peaceful possession and enjoyment of the above land without following due process of law IA NO: 1 AF 2021 Petition under Section 151 CPC praying that in tt'( the affidavit filed in support of the petition, the High - grant interim order directing the respondents not to int(x and enjoyment of the petitioner over the land in Sy. admeasuring Ac. 1-23 guntas situated at Jaiapur rev: Iriilandal and District without following due process of I main Writ Petition circumstances stated in )urt may be pleased to ere with the possession No. 33 and 34/5, total rue Village, Narayanpet rw, pending disposal of Counsel for the Petitioner: SRl. M. DAMODAR REDDY Counsel for the Respondents: AGP FoR REVENUE The Court made the following: ORDER THE HON'BLE SRI JT'STICE E.V.VENUGOPAL WRIT PETITION No.2365 of 2O2l ORDER: ?r This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....fo issue an order or direction more particularlg one in the nature of Wit of Mandamus declaing tLte action of the respondents in interfering uith the peaceful possession and enjoym.ent of the petitioner ouer the land in $y.ffos.33 and 34/ 5, totol admeasuing Ac.1.23 ,guntas, situated at Jajapur Village, Narayan4tet Mandal 'and Distict by claiming the part of the said land as Gouemment land as illegal unlauful contrary to laut and consequentlg direct the respondents not to interfere uith the peaceful possession and enjogment of the aboue land tuithout folloluing due process of lau.t and pass...."

2. The brief facts of the case are that the petitioner herdin is the absolute owner and possessor of land to an extent of Ac.0.13 in Sy.No.33/A, Ac.O.l4 in Sy.No.33/AA, Ac.O.13 in Sy.No.33/E, Ac.O.23 in Sy.No.34l5, total admeasuring Acs.1.23 guntas, situated at Jajapur Village, Narayanpet Maddal and District. The name of the petitioner was reflected in all the revenue records as pattadar and the re'j'enue authorities also issued e-pattadar pass book uide Khata No.14O. On 23.O1.2O2 1 all of a sudden respondent No.3 visited the subject property and tried to rlant certain trees. The petitioner have objected the samr and on the same day the petitioner approached the office ( f respondent No.3 to know the reason, respondent No.3 he -rimself have assured the petitioner that on 27.O1.2O21 he r., ruld come to the land and enquire the same. However, cr 23.01..2021 when petitioner returned to the village, the sulordinates of respondent No.3 have said to have planted cer ain trees in the land claiming that it is a Government land. The petitioner is the landless poor and he is in pcs session and enjoyment of the land, even under Section 3(5) of POT Act, 1977, the purchase of the assigned land by the L ndless poor is saved. However, in the instant case, th<: espondents without conducting any enquiry and also u'itho-: giving any notice and opportunity to the petitioners disp:;sessed the subject property. Hence, the present writ petitior .

3. Heard learned counsel appearing for the p: .itioner and learned Assistalt Government Pleader for Revenue, appearing for respondent Nos.1 to 4 anci perusec he record Page 3 of4

4. l.earned Counsel appearing for the petitioner submitted that the,petitioner is the absolute owner and possessor of land to ih extent of Ac.O.l3 in Sy.No.33/A, Ac.O.l4 in ,:. + Sy.No.33/AA, Ac.O.13 in Sy.No.33/8, Ac.O.23 in Sy.No.34lS, total admeasuring Acs. 1.23 guntas, situated at Jajapur Village, Narayanpet Mandal and District. The revenue authorities have also issued pattadar passbook and he is in peaceful possession of the subject property from long time. The respondents without issuing any notice and without conducting any enquiry are dispossessing the subject property. Hence, would seek appropriate direction to the respondents not to resort any illegal action, without foltowing ) \ due process of law. \

5. ";li L,eaf-ned Assistant Government pleader for Revenue appearing for respondent Nos. I to 4 has submitted that the respondent-authorities neither resorted any illegal action nor }lT : disturbed the enjoyment of the petitioner. The present writ ..,. petition is certainly premature and filed only based on the p.eitrmliii'ons and assumptions and such writ petitions liled Page 4 of4 on the apprehensions can never be entertain:d by this Court. Hence seeks to dismiss the present writ I'r tition'

6. Recording the aforesaid submissions rnd upon perusing the material available on record, this (l rurt deems it appropriate to direct the respondents not to irl erfere with the peaceful possession of the petitioner withor t following due process of law. 7 . [n the result, this Writ Petition is disposec of. There shall be no ordcrs as to costs. As a sequel, miscellaneous petitions, if arr '. pending, shall stand closed I DlSmt G' JYOTHI ASSIS TANT REGISTRAR /,TRUE COPY// iECTION OFFICER To, 1 . The Principal Secretary, Revenue pgOqrtqrgnt' Sec-relari L T'S' 'Hyderabad' i iii; bi;i;& CJie"tol., t{r,rvanpet District N9f9Y?lP.:ll, im'it$lq",Etffi?uln#tr*t,,:lr[-:'Hlii:"::::i:[.., 7. Two CD Copies Hyderabad [OUTI BM IJ,I- HIGH COURT DATED:1810812025 ORDER WP.No.2365 of 2021 ( T -::--\ i tur- s ro-, i.. 6^\'.. u.<: ,|'. 'l 'in llrn ). ( lDv[r lG.o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS .$ tr),

petition under Article 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleasedtoissueanorderordlrectlonmoreparticularlyoneinthenatureofWritof Mandamusdeclaringtheactionoftherespondentsininterferingwiththepeaceful possession and enjoyment of the petitioner over the land in Sy' No' 33 and 34/5' total admeasuring Ac.1 -23 guntas srtuated at Jajapur Village, Narayanpet Mandal and District, by claiming the part of the said land as Government land, as iltegal, unlawful, contrary to law and consequently darect the respondents not to interfere with the peaceful possession and enjoyment of the above land without following due process of law IA NO: 1 AF 2021 Petition under Section 151 CPC praying that in tt'( the affidavit filed in support of the petition, the High - grant interim order directing the respondents not to int(x and enjoyment of the petitioner over the land in Sy. admeasuring Ac. 1-23 guntas situated at Jaiapur rev: Iriilandal and District without following due process of I main Writ Petition circumstances stated in )urt may be pleased to ere with the possession No. 33 and 34/5, total rue Village, Narayanpet rw, pending disposal of Counsel for the Petitioner: SRl. M. DAMODAR REDDY Counsel for the Respondents: AGP FoR REVENUE The Court made the following: ORDER THE HON'BLE SRI JT'STICE E.V.VENUGOPAL WRIT PETITION No.2365 of 2O2l ORDER: ?r This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....fo issue an order or direction more particularlg one in the nature of Wit of Mandamus declaing tLte action of the respondents in interfering uith the peaceful possession and enjoym.ent of the petitioner ouer the land in $y.ffos.33 and 34/ 5, totol admeasuing Ac.1.23 ,guntas, situated at Jajapur Village, Narayan4tet Mandal 'and Distict by claiming the part of the said land as Gouemment land as illegal unlauful contrary to laut and consequentlg direct the respondents not to interfere uith the peaceful possession and enjogment of the aboue land tuithout folloluing due process of lau.t and pass...."

2. The brief facts of the case are that the petitioner herdin is the absolute owner and possessor of land to an extent of Ac.0.13 in Sy.No.33/A, Ac.O.l4 in Sy.No.33/AA, Ac.O.13 in Sy.No.33/E, Ac.O.23 in Sy.No.34l5, total admeasuring Acs.1.23 guntas, situated at Jajapur Village, Narayanpet Maddal and District. The name of the petitioner was reflected in all the revenue records as pattadar and the re'j'enue authorities also issued e-pattadar pass book uide Khata No.14O. On 23.O1.2O2 1 all of a sudden respondent No.3 visited the subject property and tried to rlant certain trees. The petitioner have objected the samr and on the same day the petitioner approached the office ( f respondent No.3 to know the reason, respondent No.3 he -rimself have assured the petitioner that on 27.O1.2O21 he r., ruld come to the land and enquire the same. However, cr 23.01..2021 when petitioner returned to the village, the sulordinates of respondent No.3 have said to have planted cer ain trees in the land claiming that it is a Government land. The petitioner is the landless poor and he is in pcs session and enjoyment of the land, even under Section 3(5) of POT Act, 1977, the purchase of the assigned land by the L ndless poor is saved. However, in the instant case, th<: espondents without conducting any enquiry and also u'itho-: giving any notice and opportunity to the petitioners disp:;sessed the subject property. Hence, the present writ petitior .

3. Heard learned counsel appearing for the p: .itioner and learned Assistalt Government Pleader for Revenue, appearing for respondent Nos.1 to 4 anci perusec he record Page 3 of4

4. l.earned Counsel appearing for the petitioner submitted that the,petitioner is the absolute owner and possessor of land to ih extent of Ac.O.l3 in Sy.No.33/A, Ac.O.l4 in ,:. + Sy.No.33/AA, Ac.O.13 in Sy.No.33/8, Ac.O.23 in Sy.No.34lS, total admeasuring Acs. 1.23 guntas, situated at Jajapur Village, Narayanpet Mandal and District. The revenue authorities have also issued pattadar passbook and he is in peaceful possession of the subject property from long time. The respondents without issuing any notice and without conducting any enquiry are dispossessing the subject property. Hence, would seek appropriate direction to the respondents not to resort any illegal action, without foltowing ) \ due process of law. \

5. ";li L,eaf-ned Assistant Government pleader for Revenue appearing for respondent Nos. I to 4 has submitted that the respondent-authorities neither resorted any illegal action nor }lT : disturbed the enjoyment of the petitioner. The present writ ..,. petition is certainly premature and filed only based on the p.eitrmliii'ons and assumptions and such writ petitions liled Page 4 of4 on the apprehensions can never be entertain:d by this Court. Hence seeks to dismiss the present writ I'r tition'

6. Recording the aforesaid submissions rnd upon perusing the material available on record, this (l rurt deems it appropriate to direct the respondents not to irl erfere with the peaceful possession of the petitioner withor t following due process of law. 7 . [n the result, this Writ Petition is disposec of. There shall be no ordcrs as to costs. As a sequel, miscellaneous petitions, if arr '. pending, shall stand closed I DlSmt G' JYOTHI ASSIS TANT REGISTRAR /,TRUE COPY// iECTION OFFICER To, 1 . The Principal Secretary, Revenue pgOqrtqrgnt' Sec-relari L T'S' 'Hyderabad' i iii; bi;i;& CJie"tol., t{r,rvanpet District N9f9Y?lP.:ll, im'it$lq",Etffi?uln#tr*t,,:lr[-:'Hlii:"::::i:[.., 7. Two CD Copies Hyderabad [OUTI BM IJ,I- HIGH COURT DATED:1810812025 ORDER WP.No.2365 of 2021 ( T -::--\ i tur- s ro-, i.. 6^\'.. u.<: ,|'. 'l 'in llrn ). ( lDv[r lG.o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS .$ tr),