OUrl elangana, at v. HIGH COURT DATED

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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 3rd Respondent in file No. 821262112014, dt. 18-07-2024 is illegal, arbitrary, violative of the principles of natural justice against the settled principles of law and also violative of Articles 14, 19, 300-4 of the Constitution of lndia and to set-aside the same, and consequently direct the Respondent not to interfere in any manner with the possession and enjoyment of the Petitioner over an extent of Ac. 1 .22 Gts., in Sy.No. 561/5, Kannala Village, palakurthy Village, Kannala Mandal, Peddapally District, in pursuance to the proceedings of the 3rd Respondent in file No. 8212621 I 20 1 4, dt. 1 B-07 -2024 rffi-z::*r:qqr..7 lA NO: 1 OF 2025 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 the Respondents not to interfere in any manner, with the possession and enjoyment of the land of the Petitioner to an extent of Ac 1 .22 Gts., in Sy. No. 561/5, Kannala Village, palakurthy Village, Kannald lrlanCal, Peddapally District, by suspending the proceedings of the 3rd Respondent No. 821262112014, dt. 18- 07-2024, pending disposal of the above writ petition Counsel for the Petitioner: SRl. KIRAN REDDY MALLARAPU Counsel for the Respondent Nos. 1,3&4: Ms. T. SWETCHI\, GP FOR HOME Counsel for the Respondent No.2: AGP FOR REVENUE Counsel for the Respondent No.5:-- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2O35 of 2o25 ORDER This Writ Petition is filed praying this Court to declare the proceedings No.B2 /2621 I 2024 , dated 1.8.07 .2024 issued by respondent No.3 in exercise of his powers under Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), restraining the petitioner from cultivating the disputed land to an extent of Ac.l.22 guntas in Sy.No.561/5 of Kannala Shiverr Villagc, Palakurthy Mandal, Peddapally District on the ground of law and order disturbance, as illegal and arbitrary and for othcr appropriate reliefs.

2. It is stated that the petitioner is [he owner and possessor of thc agricultural land admeasuring Acs.3.00 guntas in Sy.No.561 ol Kannala Village, Palakurthy Mandal, Peddapally District and her name is recorded in all the revenue records and the revenue authorities also issued pattadar passbook No.287699 uide patta No.536 in her favour under [he provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197), and the Rules made thereunder. lt is further stated that the petitioner is also receiving various incentives and investment subsidies sanctioned by the 2 CVBR, J Wp 103-5 2025 (iovcrltmenl for cultivating thc land. It is further stated that u'hcr.r rcspondent No.6 and others were obstructing thc pr-'titionr:r to r:Lrhivate tl-re subjr:ct lancl, she lodged a complaint against rcs;rondcnt No.6. It is further stated that responclent No.5 has conduLctcd field enquiry, vcrified thr: Sethlr,ar and re portcd tl'rat the land to an extent of Acs.8.21 gunlas in Sy.No.561 rras illegallv cncroached and temporanl houses were constructccl and therefore, submitted a report to that extent uiclc Lr.No.B,/,1,95/2023, clarcd 12.O7.2024. It is further submittcd t1t:11 basLng on Lhc said report resporrctent No.3 had issr-rcd thc ir-npugr-rcd proccedings.

3. Consiclercd thc submissions of the learned counsel for the p<:tiLiortr:r: Nl s.'l'. Su,ctc:l'ra, lcarnr:cl Assistant Govet-nment plcader for Revenue arppearing for respondent Nos.1, !i and 4 and lcarned AssisranL Go\,ernment Pleadcr for Home appearing for rcspondent No.2 and $,ith their consent, lhis rv::it petition is disposcd of :rL the admission stagc. In view of the nature of rclicf sought for in this rvrit pclition, issuance o[ noticc to thc unofficiiil rcsltonclent ts clispenscd with.

4. Learncd counsel for the petitioner has submitted that respondenl No.3 rvithout following the procedure ils prescribed under Section 164 of the BNSS has issued the impugned 3 CVBR, ] Wp 2015 2025 proceedings. lt is further submitted that as per Section 164 (1) of BNSS, 'wltt'rpuer ort /:-t':cttlit'< MQqisttLltt is strlislied Jirtrtt (t t('l)ort ttJ- cr lxtlitt' ttflict'r ttt ttPttt! otlrc't trrlorrrltttLttr tlt(tl (t Llisl)Llt{' liliel-r7 Io c(rIr-s(' .i ltr<'ctt:lr ol.tllt l'tt'LLt't' t'risls (orlr't'r-lriru1 tntrl ltottl or tu(ter or tlLe bor|t(l(tries tlrcrettl., rt'irlrirr lri-s ktttrI jrrt i:tliclunr' lrct shall tnctl;e tttL tlrder trt tutitittll, stcttit tg tle groutd:; Ll|'ltis be q so sati-s/ir:rl, ttttl retlti'rrrrLl tlrc pcrrtie.; (:tttt(ertLc(l itt sttt'll rlisptrte to (ttterLtl lti-s (ltrrirt ltI [)er:;otL or I't L1 atr 1(luo('ut' <trt tr slttL'illecl tlate tuvl tirrtt', ttrrrI ltt lltLl itt tt''ritLetL -s'(llerrt('']l-s ol tlt'tr r' s1t' "'1Lue' clrtirrts as r-€':;1,/t'( l's tll<'.lrr r t)J.ttLlttttl IJL's sc's 's i('r I tt'l tlu' srtLtlt'tt of' rlispttte.' 5. Ms.T.Swetcha, learned Assistant Government Pleader for Revenue, has submitted that as per Section 164 of BNSS' after receipt of the orders of the Executive Magistrate, the petitioner is entitled to submit her claims on the merits and the right to possess the disputed land and after considering the evidence of the parties, the Executive Magistrate is competent to take appropriate decision and to pass orders' In view of the above submissions and since the petitioner 6. is having a remedy of filing her objections to satisfy the Executive Magistrate that she is in possession of the disputed property, pattadar passbook has been issued in her favour and I I ..t- I I 4 CVI]R, J Wp 20-.15 2025 shc is also l1'cciving various incentives and invcstment subsidics stinc(i()nc(l by the Government anC thcre is no necessitv to exr:rcisc the powers under Section l(>4 of BNSS to take possession ol t [rr: srrbject land, this Court i:; of the opinion that tl-re ertrls ol justicc would be rnct, if - thc pctitioncr is pcrmitted to sLrbrnit a !\,rlLten representation, duJv cnclosing the pattadar passbook zrncl all other documenls, which are necessal-v ftrr pro;tt:r ud.;udication of the procet.dings initiated under Se ctron I o4 ol Cr.P.C. and after receipt of the written re presentartio n, rr:sltortrlcnt No.3 is directed to exi:ninc the same and aflet- issuinll n()tic(' lo the petitioncr as well irs r-espondent No.5, pass orcicr s str-ictiv in accordance u,ith lau.. Till such timc, responclcltt No.3 rs dirccted not to take any crercivc action in pursuancc ol' tltc inrpugr-red proceedines.

7. With thr: i:trov<' obscrvations, this Writ petilion is disposed o[. There sh:rll ltr. rto orclcr as to costs. 8 As a scclr rcl, t ltt. ntisccllancous petitions p,:nding, if any, shall slancl closr:ri //TRUE COPY// SD/.V.KAVI ASSISTANT REGIS A SECTION FFICER To, v Palakurth Mandal, Peddapally Di strict '1 . The Princi pal Secretary, Home Department, Secretarial Hyderabad. 2. The Statio n House Officer, Basanth Nagar Police Statior 1, Basanth Nagar, 3.7 he Sub-Di visional I/a gistrate and Revenue Divisional Officer, Peddapall 4. The Tahsildar, palaku rthy Mandal, Palakurth v, Peddapally District 5. One CC to SRt. K|RA N REDDY MALLARA PU Advocate [OPUC 6. Two CCs to Gp FOR HOIVE ,High Court for the State of Telangana at 7. Two CCs to GP FOR REVENUE High Court for the Stale of T 8. Two CD Co pres BM Hyderabad [OUrl Hyderabad [OUrl elangana, at v. HIGH COURT DATED:2710112025 ORDER WP.No.2035 of 2025 ( e o u IHE SrA 14: f 11 tPn t O6:s.t1.. c DISPOSING OF THE WRIT PETITION WITHOUT COSTS !4 ,[f 7pu