Veerla Sudhakar v. 1. The State of Telangana

7. Smt.Balamuri Manasa, W/o. BalumuriSuman Rao, Aged about 36 years, Occ. Business, Rl/o. H.No.1-5-43314, Surya Nagar, Old Alwal, Tirumalagiri, Secunderabad. B. Perela Santosh Kumar, S/o. Devender, Aged about 41 years, Occ. Employee, No. 12-6-21168, Near Chaitanya Junior College, Vivek Nagar, Kukatpally, Hyderabad. 9. Y6nuqanti Anusha, W/o. P.Santosh Kumar, Aged about 36 years, Occ. Busin6ss, oUo. 12-6-21168, Near Chaitanya Junior College, Vivek Nagar, Kukatpally, Hyderabad. ...RESPONDENTS Petition under Article 226 ot lhe 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 action of the respondents No.2 to 4 in not disposing the Representations dated 0910912024 and 2310912024 filed by the petitioner in respect of the petitioner's Agriculture property in Survey No.74l1lA 7 to an extent of 14.C900 Guntas, Situated at Gurvapur Villaqe, I.asipet Mandal, Mancherial District, as illegal, arbitrary and in violation of princ ples of Natural Justice and in violation of Articles 300-A of the constiir.tion of lndia, consequently direct he respondents No.2 to 4 to dispose of the F,epresentatio ns dated 09/09/2024 anc 2310912024 fited by the petitioner lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circurrstances stated in the affidavit filed ir support of the petition, the High court may be pleased to direct the respondentrs No. 2 to 4 to consider the Representation; dated 0g-09- 2024 and 23-og-2o24 fired by the petitioner in respect of tile petitioner,s Agriculture property n survey No. 74l1lA to an extent of 14 0900 Guntas, situated at Gurvaprr. Village, Kasipet IVlandal, Mancherial Di ;trict forthwith pending disposal of th e main writ petition Counsel for the Petitioner: SRl. RUDRESH DESHpANDE Counsel forthe ResF,ondent Nos. 1to5: Gp FOR REVENUE Counsel for the Res;:ondent Nos. 6tog:- The Court made the f ollowing: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IIIRIT PETITION No.247O of 2025 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief "For the reasons stated in the accompanying affrdavit, it is therefore, prayed that this Honble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in not disposing the Representations d,ated, O9-O9-2O24 and 23-Og-2O24 filed by the petitioner in respect of the petitioner's Agriculture property in Survey No. 741 1/A to an extent of 14.0900 Guntas, Situated at Gurvapur Village, Kasipet Mandal, Mancherial District, as illegal, arbitrary and in violation of Principles of Natural Justice and in violation of Articles 3OO-A of the Constitution of India, consequently direct the respondents No.2 Lo 4 to dispose of the Representations dated O9-O9-2O24 atd 23-09-2024 frled by the petitioner and to pass such other order or orders as this Hon'ble Court may deem ht and proper in t1-e circumstances of the case."

2. It is stated that the petitioner is the owner and pattadar of agricultural land admeasuring to an extent of Acs. 14.0900 guntas 1n Survey No.7a/l/A, situated at Gurvapur Village, Kasipet Mandal, Mancherial District (for 2 CVBR, J W.P.Aro.247O of 2025 short, 'the sul)ject land), having purchased the san Le under registered sak deed uide Docrtrnent No.334 of 2Oi 0 dated ll.O2.2O2O. It is further stated that the petitioner's name is recorded in the revenue records ald e-pattadar ;r25s|66[ issued uide ;?assbook No.T |5LOOI7O243 uide Khata No.60160. It rsr stated that the petitioner is recerving varl0us incentives as investment subsidies sanctioned by the Government fi om time to time to enable the petit ioner to cultivate the srrbject land. It is stated that respondert Nos.6 to 9 are interfering with the peaceful possesston and enjoyment of the subject land disputing the title and possession of tbe petitioner and made efforts to dispossess the petitioner. 'i'he petitioner was constrained to Lnstitute O.S.No.154 of 2;024 on the file of the Junior Civil Jrdge, at Bellampally. 1. is stated that the said Court also granted ad-interim injunction in I.A.No.176O of 2024 in O.S.Nc.154 of 2024 dated O5.11.2024.

3. Leanrred counsel for the petitioner submits that the grievance of th,: petitioner is that even after injunctiorr orders ), CVBR, J W.P.No.247O of 2025 being granted by the competent civil Court, the defendants therein i.e., respondent Nos.6 to 9 are frequently interfering and causing obstruction to the petitioner in enjoyment of the subject land. The petitioner has submitted representations dated 09.09.2024 and 23.09.2024 addressed to respondent No.3-District Collector, Mancherial District and respor-rdent No.2-Chief Commissioner of Land Administration respectively to take appropriate action against the violators of the injunction order dated 05.11.2024 passed in I.A.No.1760 of 2024 in O.S.No.154 of 2024 by the Junior Civil Judge, at Bellampally.

4. Learned Government Pleader appearing for respondent Nos.1 to 5 not disputed granting of injunction order dated O5.1 1.2024 in favour of the petitioner in I.A.No. 1760 ot 2024 in O.S.No.154 of 2024 for the subject land and the said injunction order is in force as on date. Learned Government Pleader submitted that in view of the civil disputes between the petitioner and respondent Nos.6 to 9, if respondent Nos.6 to 9 violate .lhe injunction order dated 4 CVBR, J W.I'.No.:t470 of 2O25

05.11.2024 irL I.A.No.176O of 2024 in O.S.No.154 of 2024 in any manner, the petitioner is having remedy to file a cpropriate case under C,r'der XXXIX Rule 2A of the Civil procec ure Code, 1908 (for short, 'CPC').

5. Ttis Court has carefully examined Order XXXIX Rule 2A of .ie CpC wherein it is stated that ir r case of disobedie,ce .f any injunction order granted or ot:rer order made under F'ule 1 or 2 or breach of any of the terms on which the injunction is gralted or the order made, the Ctour granting an injunction :r making the order is having power to attach the properties of the persons who discbeyed the orderr;.

6. [n addition to the above, the petitione; is also entitled to fii: an application seeking police protr :ction to protect his possession in implementation of the ir junction order dated O1;.II.2024 in I.A.No.176O of 2024 in O.li.No.l54 of 2024. 7 . In riew of having al alternative ancl ef icacious remedy of filing; an appropriate application under Order XXXIX 5 CVBR, J W.P.No.247O of 2025 Rule 2A CPC and also a petition under Section 151 CPC seeking police protection to protect his possession in terms ol the injunction order dated 05.11.2024 in I.A.No.1760 of 2024 in O.S.No.154 of 2024, t}le relief sought in this writ petition is misconceived.

8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed. //TRUE COPY// SD/. K. AMMAJI TANT REGISTRAR ASSI To, ECTION OFFICER Ambedkar Telangana

1. The Principal Secretary, Revenue Department, Dr.B State Secretariat, Khairtabad, T.S., Hyderabad.

2. The Chief Commissioner of Land Administration, State of Telangana, Office at Abids, Hyderabad. Mancherial District.

3. The District Collector, Mancherial District, at Mancherial. 4. The Tahsildar, Kasipet Mandal, Mancherial District. 5. The Sub-Registrar, Stamps and Registration Department, Mancherial, 6. One CC to SRI. RUDRESH DESHPANDE, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at 8. Two CD Copies Hyderabad [OUT] BM GJP HIGH COURT DATED:2910112025 ORDER WP.No.2470 of 2025 1i{b ST4 14- e') 7 4 :,1' ?fr25 q$ z c) \\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,// /,'1 ./, /q,4 a