✦ High Court of India · 03 Feb 2025

1. D.Aruna Kumari v. 1. The State of Telangana

Case Details High Court of India · 03 Feb 2025
Court
High Court of India
Decided
03 Feb 2025
Bench
Not available
Length
1,095 words

.....RESPONDENTS Petition Under Article 226 oI lhe Constitution of lndia 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 the nature of Writ of [\/andamus, declaring the action of the 3rd respondent in issuing Notice vide No, 8.1115212024 dt. 24.01 .2025 Under section 7 of of T.G.L.E, Act lll of 1905 directing petitioners 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 the land and not considering the explanation of petitioners dt. 28.01 .2025 and trying to dispossess the petitioners from their property admeasuring 596 sq. yds, equivalent to Ac 0-5 gts, situated in Sy No,65, Balapur Village and Mandal, Kandukur RDO, Ranga Reddy District, without following th,: 6r" procedure contemplated under the Law, a.s being illegal, arbitrary, unjust, un ronstitutional and violative of Articles 14,2j end 300-4 of the Constitution of ln jia and set aside the same, consequenfly direct the respondents authorities not to take any coercive steps in dispossessing the petitioners from his lroperty. l.A.NO:1 OF 2025 Petition [-Jnde r Section 151 cPC praying that in .the circurnstances stated in the affidavit filed in support of the petition, the High c)ourt ma\/ be pleased to direct the respondent authorities not to d ispossess/interfe re wilh the peaceful possession :rnd enjoyment of the petitioners in respect of properiy admeasuring 596 sq. yds, equivalent to Ac 0-5 gts, situated in Sy No. 65, Balapur Village and Mandal, Kancukur FlDo, Ranga Reddy District by considering thr:, explanation of petitioners dl.27.01 2025, pending disposal of the main writ petition. Counsel for the Petitioners : SRI G.RAVI Counsel for the Respondents : AGp FOR REVENUE The Court m;rde the following ORDER ,,/ HONOURABLE SRIIUSTICE C.V. BHASKAR REDDY WRIT PETITIO N No.295 5 0F 2025 ORDER: This writ petition is filed by the petitioners seeking the following relief: " -. -to issue an aryropnate Writ, Order or Direction more particularly one i.n tlu n1!ry of Wit of Mandamus declning the action of tte 3)a respondint in issuing Notice oide No.Bl1152/2.024 dt.24.0i.2025 lfnder section 7 of'of T.G.L.E. A:t-Ij! of 19.05 directing petitioner to pay assessment unfur section S o1iru Act nt of 19,05 toithin 7 dnys from ttrc date of receipt of notie failing uhich ioided from the land nnd not considering the explanation of petiltionei dt. 2g.07.2025 and tryiyg .to dispossess the pctitioner from ltis propeity admeaatring 596 sq. yds, equio.alent to Ac.0-5 gts, situated in Sy. No. 65, Balapttr Village an(l Ma;lnl, Kan:lukur^ llDO, Rnnga Reddy District, toithott hnaing any irtnner of ight Tuithout follorling tle procedure contemplatetr untrer tri Lio as being' rignl nrhitrary unjust LttlcotxstitLttionflr flntr uiolntiae oJ Articles t4, zt nnd 3001A of"tlrc 'Constitution of lntlin nnrl set nsitb tfu snme coitxquently tlircct tl. rcsponients authorities n-ot to take any coerciae steps in dispossessing the petitioner'from his properhJ nrul to gffint..."

2. The case of the petitioner is that they are the owners and possessors of the land admeasuring 596 square yards equivalent to Ac.0-05 guntas in Survey No.65, situated at Balapur Village and Mandal, Kandukur Revenue Division, Ranga Reddy District. It is stated that the names of the petitioners were recorded as pattedars in the Dharani Portal and they were issued pattadar pass book under the provisions of the Telangana Rights in Land and pattadar pass Books 4ct,2020 and since then they had been in possession and enjoyment of the subject land. It is stated that respondent No.4 - the Tahasildar, 1 Balapur Mandal, issued notice in File No.B/1752/2024 date:d24.01.2025 disputin;3 that s orne part of the subject land forms Survey No.74. It is further statecl that the petitioners submitted explanation dated

28.07.2025 to th r impugned notice by duly enclosing all thr. documents relating to the subject land in Survey No.65. The grier ance of the petitioners is 1.hat the respondents are not considering his explanation dated 28.01.202r submitted to the impugned notice clater.l 24.01.2025 and trying to e',ict them from the subject land withou t lollowing due Process c,f ia\^/.

3. This Cour t, without expressing any opinion on merits, deems it approprirte io cispose of this writ petition directinl; the resoondents to consider the explanation dated 28.07.2024 submitted by the petitioners to the impug red notice issued by respondent No .4 in File No.B/11t-;2/202i clated 24.01,.2025 and conduct survey, iind if it is identifiec. that tlre land under encroachment is forming par t of Survey No.74, respond ents shall pass orders in accordance with law. This exer,:ise she ll be completed within a period of two (2) n-ronths from the date of recei rt of a copy of this order. Pending such ere,rcise, slafzs quo existr:tg on tlre subject land shall be maintained in all resl:ects. 3 4 With the above observatiory this writ petition is disposed of There shall be no order as to costs As a sequel thereto, miscellaneous applications, if any, pending in this writ petition stancl closed. //TRUE COPY// S''.' 5S,BYi,u+RET'3FRRT SECTION OFFICER To '

1. The Principal Secretary, Revenue Department, Secretariat, State of Telangana at Hyderabad.

2. The District Collector, Ranga Reddy District at Kongara Kalan- 3. The Revenue Divisional Officer, Kandukur Revenue Division, Ranga Reddy District.

4. The Tahsildar, Balapur Mandal, Ranga Reddy Diskict. 5. Two CCs to GP FOR REVENUE, High Court forthe State of Telangana at Hyderabad. [OUT]

6. One CC to SRI G.RAV|, Advocate [OPUC] 7. Two CD Copies SA GJPw L: \ \ HIGH COUR'T DATED:03101212025 ORDER WP.No.2955 of 2025 l c" or TEi .$ .\s(s ct ,l'' i .2 k.t la) t,. \ \ ,(, !-.' .i\ j DISPOSING OF THE W.P WITHOI..'T COSTS. ! I I *64 10 .t ?)

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