✦ High Court of India · 07 Feb 2025

TIIE HON'BLE SRIJUSTICE C v. BHASKAR REDDY WRIT PETITI ON No

Case Details High Court of India · 07 Feb 2025
Court
High Court of India
Decided
07 Feb 2025
Bench
Not available
Length
1,139 words

Petition Under Article 226 of 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 of Mandamus, or any other appropriate writ, order declaring the action of the respondents more particularly the Respondent No. 4 in trying to dispossess the petitioner from his land in Sy. No. 133/1 admeasuring Ac. '13.05 Guntas, Sy. No. 13411 admeasuring Ac.8.27 Guntas, Sy. No. 14111 admeasuring Ac. 8.08 Guntas, Sy. No. 14411 admeasuring 13.36 Guntas, Sy. No. 145/1 admeasuring Ac. 17.26 Guntas, Sy. No. 148/1 admeasuring Ac. 11.25 Sy. No. 149i 'l admeasuring Ac. '10.23 Guntas, Sy. No. 370/1 Admeasuring Ac. 20.08 Guntas, Sy. No. 37'1l1 admeasuring Ac. 19.32 Guntas, Sy. No.37411 admeasuring Ac. 15.37 Guntas, Sy. No. 375/1 admeasuring Ac. 13.15 Guntas, OGunta, Sy. No. 376/1 admeasuring Ac. 14.33 Guntas, total admeasuring Ac. 1 66.00 Guntas situated at Nomula village, manchal Mandal, R.R. District without notice and opportunity, without following due procedure of law as is illegal, contrary to law, in violation of natural justice and in violation of articles 14, 21 and 300-4 of the Constitution of lndia and consequen y direct the Respondents more particularly the respondent No.4 and his staff not to dispossess the petitioner from his above mentioned land without following due process of law, in the interest of justice. I.A.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 more particularly the respondent No.4 and his staff members not to dispossess the petitioner without following due process of law, from his land in Sy. No. 133/1 admeasuring Ac. .13.05 Guntas, Sy. No. 134/1 admeasuring Ac.8.27 Guntas, Sy. No. 14111 admeasuring Ac. 8.0g Guntas, Sy. No. 144l'l admeasuring 13.36Guntas, Sy. No. 145/1 admeasuring Ac. 17.26 Guntas, Sy. No. 148/1 admeasuring Ac. 1'1 .25 Gunta, Sy. No. .,l49/1 admeasuring Ac.'10.23 Guntas, Sy. No.370/1 Admeasuring Ac.20.08 Guntas, Sy. No.371/i admeasuring Ac. 19.32 Guntas, Sy. No. 314t1 admeasuring Ac. 15.37 Guntas, Sy. No. 375/1 admeasuring Ac 13.15 Guntas, Sy. No. 376/1 admeasuring Ac. 14.33. Guntas, total admeasuring Ac. '166.00 Guntas situated at Nomula Village, MCAdflat Mandal, R.R. District, without following process of law, pending disposal of the writ petition. Counsel for the Petitioner : M/s NASEEM ARA Counsel forthe Respondents : AGP FOR REVENUE The Court made the following ORDER I 7 TIIE HON'BLE SRIJUSTICE C. V. BHASKAR REDDY WRIT PETITI ON No.2660 OF 2025 ORDER: The writ petition is filed seeking following relief: ". . . to issue a Writ of Mandamus or any other appropriate writ order declaring the action of the respondents more particularly the Respondent No.4 in trying to dispossess the petitioner from his land in Sy.No.l33/1 admeasuring Ac.13.05 Gunra,s Sy.No.l34ll admeasuring Ac.8.27 Guntas, Sy.No.14lll admeasuring Ac.g.0g Guntas, Sy.No.144ll admeasuring 13.36 Guntas, Sy.No.l45ll admeasuring Ac.17.26 Guntas, Sy.No. 148/l admeasuring Ac. l 1.25 Guntas, Sy.No.149li admeasuring Ac.10.23 Guntas, Sy.No.370/l Admeasuring Ac.20.08 Guntas, Sy.No.37lll admcasurin g Ac.19.32 Guntas, Sy.No.374ll admeasuring Ac.15.37 Guntas, Sy.No.375ll admeasuring Ac.13.15 Guntas, Sy.No.376ll admeasuring Ac.14.33 Guntas, tot1il admeasuring Ac.166.00 Guntas situated at Nomula Village, Manchal Mandal, R.R. District, without notice and opportunity without following due procedure of law as is illegal contrary to law in violation of natural justice and in violation of articles 14, 2l and 300A of the Constitution of India and consequently direct the Respondents more particularly the respondent No 4 and his staff not to dispossess the petitioner lrom his above mentioned land without lollowing due process ol law in the interest ofjustice and pass. . ."

2. It is stated that father of the petitioner, Mr. Gulam Jeelani, was the absolute owner and possessor of the land admeasuring Acs. 183-04 guntas situated at Nomula Village, Ibrahimpatnam Mandal, Ranga Reddy District. The mother of the petitioner succeeded to an extent of Acs,l66-00 guntas from his father. Thereafter, the mother of the petitioner executed registered wilt deed I \ J 2 dated 08.07.1997 in favour ofthe petitioner. Since then petitioner I and his family members had been in possession and enjoyment olthe subject land. Grievance of the petitioner is that respondent authorities, without issuing any notice and without conducting any enquiry, are trying to dispossess the petitioner from the subject land'

3. Leamed Assistant Govemment Pleader for Revenue, vehemently contended that the land claimed by the petitioner is recorded in the name ofvarious persons in the revenue records' The petitioner without making the persons who are in possession of the subject land as respondents has filed this writ petition, as if the revenue authorities are interfering with the possession of the petitioner in respect of the subject land.

4. Since the nature of the subject land has been classified as Patta land, without expressing any opinion on merits, this Court deems it appropriate to dispose of the writ petition, directing the respondents to follow due procedure under law, if there is any claim by the revenue authorities over the subject land. If any third parties are interfering with the possession of the petitioner over the subject land, petitioner is at tiberty to file appropriate application before the *7 3 competent Civil Court to settle lhe inter se disputes between the partres

5. With the above observations, the writ petition is disposed oL Ihere shall be no order as to costs. As a sequel thereto, miscellaneous petitions, il any, pending in the writ petition, shall stand closed. //TRUE COPY// SD/. A.V.S. PRASAD T REGISTRAR ASSIS / ON OFFICER To 1 . The Principal Secretary, Revenue Department, Secretariat, State of Telangana at Hyderabad.

2. The Collector, Office at Kongara Kalan Village, lbrahimpatnam Mandal' R.R' District. The Revenue Divisional Officer, Office at lbrahimpatnam, R.R. District. The Tahsildar, Nomula Village, Manchal Mandal, R'R.District. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT] One CC to M/s NASEEM ARA, Advocate [OPUC] Two CD Copies 3 4 5 6 7 SA ,wp I HIGH COURT DATED:0710212025 ORDER WP.No.2660 of 2025 {HE srA 11: a L) t 12IEts ?i,zs F,6TCH e0 J{ ((\(' , 2 DISPOSING OF THE W.P WITHOUT COSTS. otl*'

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