✦ High Court of India · 03 Feb 2025

High Court · 2025

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Length
1,073 words

Acts & Sections

...RESPONDENTS Petition under Article 226 ot Ihe Constitution of India praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue an appropriate writ order or Direction' more particularly one in thenatureofWritoflVlandamus,declaringtheactionofthe4threspondentin issuing Notice vide No. 8t115212O24 dt' 24'01 2025 Under section 7 of T G L'E' Act lll of 1905 directing petitioner to pay assessment under section 3 of the Act lll of '1905 within 7 days from the date of receipt of notice' failing which evicted from thelandandnotconsideringtheexplanationofpetitionerdt.2s.01.2025and trying to dispossess the petitioner from his property admeasuring 3267 sq' yds' equivalent to Ac 0-27 gts, situated in Sy No' 65' Balapur Village and Mandal' Kandukur RDO, Ranga Reddy District, without having any manner of right' withoutfollowingtheprocedurecontemplatedundertheLaw'asbeingillegal' arbitrary, unjust, unconstitutional and violative of Articles 14' 21 and 300-A of the constitutionoflndiaandsetasidetheSame.consequentlydirecttherespondents I I I I I I I I I authorities not to tar':o any coercive steps in dispossessing the pe:itioner from his property lA NO: 1 OF 202s Petition under rlection 15r cpc praying that in the circunrstances stated in the affidavit filed in r;upport of the petition, the High Cc,urt may be pleased to direct the respondert authorities not to dispossess/inte.fere rvitr the peacefur possession and enjc }'ment of the petitioner in respect of adm(r?s uring 3267 sq. yds, equivalentta Ac )-27 gts, situated in Sy No. 65, Bara:ur \"/i rarye and lt/andar, Kandukur RDO Ran 1a Reddy District by considering the oxpranatr )n of petitioner dt. 28.01 .2025, pend rrg disposal of the main Writ petition Counsel for the Petitioner: SRl. D.KAVAL KUMAR Counsel for the Resl)ondents: Gp FOR REVENUE The Court made the +ollowing: ORDER I l l I I I I I l I I ' T HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2962 OE 2025 ORDER: This writ petition is filed by the petitioner seeking the following relief: "...to issue an appropriate Writ, Order or Direction more pnrticularly one in the n ure of Wnt of Marulamus declaing the action of tht +tt' respondent in issuing Notice aide No.B/11522024 dt. 24.01.2025 Under section 7 of of T.G L.E. Act lli of 1905 directing petitioner to pay assessment tLnder section 3 of the Act III of 1905 toitlin 7 dnys ftom the date of receipt of notict ftriling tohiclt erticted ftonr ihe lantt ancl not considering the explnnntion of petitioner tlt.28-01-2025 antl tryi g to dispossess the petitioner ftotu his property ndmensuritg j267 sq. yds, equioalent to Ac.0-27 gts. situated in Sy. No. 65, Bnlnprrr Villnge and Mandal, I(arulukur RDO, Rnnga Reddy District, toithotrt lnaing tny ntnnner of ight zoithout folloruing the procedure contenrylnted undcr llrc Intt ns being illegal arbitrary unjust unconstitutional and aiolatioe of ArticLes 14, 21 nnd 300-A of the Constittttion of lwlia nntl set nside the sute conxquently ditcct the respondents nutharities not to take nny coercizte steps in disposxssing the petitionet from ltis properhl and to grant. . ."

2. The case of the petitioner is that he is the owner and Possessor of the land admeasuring 3267 square yards equivalent to Ac.0-27 guntas in Survey No.65, situated at Balapur Village and Mandal, Kandukur Revenue Divisioru Ranga Reddy District. It is stated that the name of the petitioner was recorded as Pattedar in the Dharani Portal and he was issued pattadar Pass book under the Provisions of the Telangana Rights inlland and Pattadar Pass Books Act,2O2O and since then he had been in prissession and enjoyment of the subject land. It is stated that \ respondent No.4 - the Tahasildar, Balapur Mandal, issued notice in File f \ I I 2 No.B/7152/2024 dated 24.01,.2025 dispuring that some part of rhe subject land forms survey No.74. It is further stated that the pebitioner submitted explanation dated 2g.01.2025 to the impugned notice by duly enclosing all the documents relating to the subject land in Survey No.55. The grievance of the petitioner is that the respondents are not considering his explanation d.ated, 2g.01.2025 submitted to the impugned notice dated 24.01.2025 and trying to evict the petitioner from the subject land without following due process of law.

3. This Court, without expressing any opinion on merits, deems it appropriate to dispose of this writ petition directing the respondents to consider the explanation dated 29.01..2024 s,ubmitted by the petitioner to the impugned notice issued by respondent No.4 in File No.B /7152/2024 dated 24.07.2025 and conduct survey, and if it is identified that the rand under encroachment is forming part of Survey No.74, respondents shall pass orders in accordance with law. This exercise shal be compreted within a period of two (2) months from the date of receipt of a copy of this order. Pending such exercise, status quo existing on the subject land shall be maintained in all respects. 3 I I 4 withtheaboveobservation,thiswlitPetitionisdisposedof. There shall be no order as to costs As a sequel thereto, miscellaneous applications' if any' pending in this writ Petition stand closed' AS .+tff+"HH3isH?t / SD,. P.Ch ,ITRUE COPY'I SECTlo N OFFICER S artment, istrict at Kong ata Divi kur Revenue tariat, T.S',HYderabad Kalan. sion, Ranga Reddy District. a Reddy OPUCI t dvocate h Court fo rtheState of Telangana at al S Colle enue Div ecretary' ctor, Ra isional O Reve nga R fficer, nue Dep eddY D Kandu r BalaPu I. D.KA^ P FOR Mandal, L KUM VENUE Rang AR, A ,His RE To,

1. 2. J.

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7. The Pri The Dis The Rev District The Ta One CC Two CCs Hyde Two BM GJP hsildar' to SR toG rabad touTl CD CoPies tn- I HIGH COURT DATED:0310212025 -..aaa:':' (4 .$ .\ \rS t\ + o a2 4i a C) LL !.. J isirt + ORDER WP.No.2962 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Ot lf+ "7v\D9 L-\

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