High Court · 2025

Petition under Article 226 oI lhe Constitution of India 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 Sth Respondent and his henchmen in interfering into the peaceful possession of the Petitioners over the assigned agricultural land to an extent of Ac.0.10 Gts., in Sy No.74712 (Old Sy No.74713) situated in Kuravi Village and Mandal, Mahabubabad District, without following due process of the Law, as arbitrary, unjust, against the Telangana Assigned Lands (Prohibition of Transfers) Acl, 1977 and against the principles of natural justice and violation of the Constitution of lndia. 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 more particularly the Respondent No. 5 and his henchmen not to interfere with the peaceful possession and enjoyment of the Petitioners, over the assigned agricultural land to an extent of Ac.0.10 Gts., in Sy No.74712 (Old Sy No.74713) situated in Kuravi Village and Mandal, Mahabubabad District pending disposal of the above writ petition. Counsel for the Petitioners: SRI R.PAVAN REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.2629 of 2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliel '....to issue a u.tit order or direction more particularlg one in the nature of utrtt of MANDAMUS decloing the action of the Stlr Respondent and his henchmen in interfeing into the peaceful possession of the Petitioners ouer the assigned agianltural land to an extent of Ac.O-10 Gts in Sg.No.747/ 2 (Old Sy.No.747/ 3) situated in Kuraui Village and Manda| Mahabubabad Distict, utithout follouting due process of the Lau a-s arbitrary, unjus| against the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 and against the pinciples of natural justice and uiolation of the Constitution of India. . . . "

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is the case of the petitioners that their father was assigned the land admeasuring Ac.O- 10 guntas in Sy.No.747 /2 (Old Sy.No.747 /31 situated in Kuravi Village and Mandal, Mahabubabad District, as per the policy enunciated by the Government in G.O.Ms.No.l4O6, dated 26.O7.1958 and a-fter the death of their father, the petitioners were ln possession of the subject property and the revenue authorities .=rt 2 have also issued pattadar passbooks and title deeds in their favour and they are also receiving various incentives as investmenl- subsrdies sanctioned by the Government under various schemes for cultivation of their lalds. It is further case of the petitioners that without following the due process of law, reslrondent No.5 and his henchmen are interfering with their peacefui possession and are making efforts to dispossess them from the subject property

4. Sri Pavan Reddy, learned counsel for the petitioners, submitted that if the petitioners violate anlr o1 the conditions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (hereinaJter referred to 'ROR Act, 1977'), the respondents are entitled to initiate action against them and except following the said procedure, the respondents are not having any right to forcibly er.ict the petitioners from their lands.

5. Learned Assistant Government Pleader for Assignment appearing for the respondents disputed the possession and enjoyment of the petitioners over the subject property and submitted that appropriate action will be initiated by the 3 respondents, if the petitioners are not found in possession of the subject property.

6. In view of the above submissions and since it is evident that the father of the petitioners is an assignee of the subject property, this Court is of the opinion that ends of justice would be met, if the respondents are directed to take appropriate action by following the due process of law, if the petitioners have violated any assignment patta conditions. It is made clear that except following above said procedure, the respondents are directed not to interfere with the possession of the petitioners over the subject property, in any manner

7. With the above observations this Writ Petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. ASS T SD/- K.AMMAJI T REGISTRAR /ITRUE COPY// SECTION OFFIGER To Hvderabad, State of Telanoana' '1. The Principal Secretary (Revenue Assignment Department)' Secretariat' 2 C'hief commissioner or irXiat.inistration (CcLA) Abids' Nampally Station s. i#;iiiiii;i C6rr"*"to,, Mah abubabad, Mahabu babad District' Road. Hvderabad. bPL I I The Revenue Divisional Officer, Mahabubabad, Mahabubabad District' The Mandal Revenue Officer, Kuravi Mandal, Mahabubabad District' One CC to SRI R.PAVAN REDDY, Advocate [OPUCI iwo CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD CoPies 4 5 6 7 I PSK. PSK HIGH COURT DATED:3010112025 I I ORDER WP.No.2629 ot 2025 ,1-- -^ ,/';-., y\.\'. - 1''\ lll I l ;Y ;1, j 1. ,.) \.::. ..'.':,, ''i* -* r) \:-_ - /Li:l a *t * '-,./ DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ vt-