✦ High Court of India · 31 Jan 2025

Smt. Yelimeti Ramadevi @ Akhila v. 1. The State of Telangana

Case Details High Court of India · 31 Jan 2025
Court
High Court of India
Decided
31 Jan 2025
Bench
Not available
Length
1,107 words

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or Direction or Order, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondent No.2 in interfering with the peaceful possession and enjoyment of the petitioner's agricultural land in Sy. No.22 admeasuring Ac.1-00 gts., situated at Balapur Village, Saroornagar Mandal (Presently Balapur Mandal), Ranga Reddy District, as illegal, arbitrary, unfair and against Article 14, 21 of the Constitution of lndia, principles of natural .justice and against all settled principles of law, Article 14, 21 of the Constitution of lndia, principles of natural justice and against all settled principles of law and consequently direct the respondent No.2 not to interfere with the petitioners property in agricultural land in Sy. No.22 admeasuring Ac.1-00 gts., situated at Balapur Village, Saroornagar [Mandal (Presently Balapur Mandal), Ranga Reddy District, without following due process of law. lA NO: 'l 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 respondent No.2 not to interfere with the peaceful possession and enjoyment of the petitioners property agricultural land in Sy. No.22 admeasuring Ac.1-00 gts., situated at Balapur Village, Saroornagar Mandal(presently Balapur Mandal), Ranga Reddy District, without following due process of law, pending disposal of main Writ Petition. Counsel for the Petitioner: SRI B.VAMSHIDHAR REDDY Counsel forthe Respondent No.'l & 2: SRI LAXMALLA SANDEEP, AGP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent No.3: SMT. D.MADHAVI, S.C. FOR HMDA The Court made the following: ORDER / HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRTT PETITION N0.2783 of 2o25 ORDER: It is stated that the petitioner is the owner and possessor of . the agricultural land admeasuring Acs.2.00 guntas in Sy.No.22 and. Ac.O.20 guntas in Sy.No.23, situated at Balapur Village, Saroornagar Mandal, Ranga Reddy District having purchased the same through registered sa_le deed bearing document No.3914 of

1999. It is further stated that her name was mutated in all the revenue records ald the revenue authorities also issued pattadar passbook No.T0503O08O214 uide Khata No.455. in her favour under the provisions of the Telangana Rights in Land and pattadar Passbooks Act,2O2O. It is further stated that on the eastern side of the petitioner's land there is 400,wide road laid down by RCI (DRDL) and to the southern side there is a graveyard. It is further stated that from 1999 onwards the entire extent of land in Sy.No.22 was allowed to be utilized for residential purpose and there are also dwelling units. The grievance of the petitioner is that the respondent authorities are frequently interfering with her possession and marking the portion of the land of the petitioner claiming that the same falls within a Kunta. rc\ 7 CVBR, J \\'p_2783_2075

2. Considered the submissions of the learned counsel for the petitioner; Sri Laxmalla Sandeep, learned Assistant Government Pleader for Irrigation appearing for respondent Nos'l and 2 and Smt.D.Madhavi,learnedStandingCounselappearingfor respondent No.3.and with their consent, this writ petition is being disposed ofat the admission stage' Learned counsel for the petitioner has submitted that on 3 O8.O 1.2025 the irrigation officials along with the revenue and HMDA offrcials have inspected the subject property and they are taking steps for forcible dispossession of t1le petitioner from the subject land.

4.LearnedAssistantGovernmentPleaderforlrrigation'on instructions, would submit that there is a Kunta existing in the land forming part of Sy.Nos'2l, 22 arrd 23 as per the village map prepared under the provisions ofthe Telangala Land Revenue Act' 1317 Fasli and only to safeguard the Kunta' the respondent authorities are proceeding with the survey'

5. This Court has carefully examined the contentions of the learned counsel for the respective parties' Prima facie as it appears from the record that the petitioner has purchased the land to an extent of Acs.2.O0 guntas in Sy.No.22 and Ac'O'2O guntas in CVBR, J wp_2783 202s Sy.No.23, situated at Balapur Village, Saroornagar Mandal, Ranga Reddy District through registered sale deed bearing document No.3914 of L999, her name was mutated in all the revenue records and pattadar passbook No.TO5O3008O2L4 uide Khata No.455 has been issued in her favour ald the nature of the land has been shown as patta land, this Court is of the opinion that the ends of justice would be met if the respondents are directed to issue notice to the petitioner before undertaking any survey or fixation of the FTL or buffer zone of the tank and after considering her objections take appropriate steps in accordance with law. Till the survey is conducted, the respondent authorities are directed not to interfere with the peaceful possession of the petitioner over.the subject land and at the same time the petitioner is also directed not to change the nature of the land in any manner.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 7 . As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII Sd/. A.V.S. PRASAD T REGISTRAR ASSIS TION OFFICER To, \

1. The Special Chief Secretary, lnigatio-n Department, Dr. BR Ambedkar Bhavari, Secretariat, Hyderabad, State of Telangana.

2. The Chief Engineer, lrrigation Department, Government of Telangana, Khairatabad, Hyderabad.

3. The Commissioner, Hyderabad Metropolitan Development Authority, Swarna Jayanthi Complex, Sanjeevareddy Nagar, Ameerpet, Hyderabad. 4. One CC to SRI B.VAMSHIDHAR REDDY, Advocate [OPUC] .. Con\f

5. One CC to SMT D.IUADHAVI, SC for HMDA IOPUCI 6. Two CCs to GP for lrrigation and Command Area Development, High Court for the State of Telangana at Hyderabad. [OUT] /

7. Two CD Copies BSR [/P u\1- 1 HIGH COURT DATED: 3110112025 \ \ ORDER WP.No.2783 of 2025 I 1 HE sr^ r r .t -i ) 1[ FiB ,$6. ; arC$ DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS ^rBg / 9"r"\"\+

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments