✦ High Court of India · 30 Apr 2025

High Court · 2025

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Length
1,114 words

Acts & Sections

.Petition under Section 1s1 cpc praying that in the circumstances stated in the affldavit filed in support of the petition, the High court may be pleased to direct the respondents not to dispossess the petitioner from the land belongs tq them in Ac 1 39gts in sy.no.536, Ac.0.02gts in sy.no 53s/Ai1 , Ac.0.04 in sy.no.535/AA,/2, Ac.0.39gts in sy.no.536/4/1, Ac.1 .29 gts in sy.no,536rAN1r1 pnfl. Ac.0.08gts i4 sy.no 536/A4 situated in Dharpsarapuram Viilage, Khammam Urba0 Mandal, Khammam District pending disposql of writ petition. LA.NO oF2 23 Between: 1 The State of Telangana, Represented by principal Secretary, Revenue _ lepartment, Secretariat, Telangana, Hyderabad. 2. The Dlstrict Collector, Khammam, Khammam District. 3. The Tahsildar, Khammam Urban Mandal Khammam District 4 The Mandal Surveyor, Khammam Urban Mandal Kharnmam Diskict. AND .....PETITIONERS/RESPONDENTS

1. S.Rama Rao, S/o. Gopala Krishna Murthy, Aged 70 yearq, Occ Agribultu District re, R/o. Allipuram Villa ge, Khammam Urban Mandal, Khammam 2, S-Muthaiah,..S/o..Rama Rao, Aged 42 years, Occ ; Agricufture, R/q, Allipuram \,rillage, Khqmmam Urban Mandal, Khamma District. .....RESPONDENTS/PETITIONERS fetitiqp Under section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased !O vacate the interim orders passed in w.p.N0.671 1 of 2022, dated 09102t2022, and dismiss the writ petition. Counsel for the Petirioners : SRI SR|N|VASA RAO MADIRAJU Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.67l l of 2o22 ORDER: It is stated that the petitioners are the owners and . possessors of land to an extent of Ac.1.39 guntas in Sy.No.536, to art extent of Ac.O.02 guntas in Sy.No.535/A/1, to an extent of Ac.0.04 guntas in Sy.No.535/AAl2, to an extent of Ac.0.39 guntas in Sy.No.536 lAll, to an extent of Ac.l.29 guntas in Sy.No.536/AAl l/1 and to an extent of Ac.0.08 guntas in Sy.No.536/AA, situated at Dhamsalapuram Village, Khammam Urban Mandal, Khammam, apart from other lands in other survey numbers. It is stated that the respondent authorities are proposing to construct Vaikuntadhamam in Government land, which is situated adjacent to the subject property. It is stated that under the guise of proceeding with the construction of Vaikuntadhamam, without issuing any notice or without following due process of law, the respondent authorities are making efforts to dispossess the petitioners from the subject property. I 2

2. Respondent No.3-Tahsildar has filed a counter affidavit, wherein it is stated that as per revenue record, the land to an extent of Acs.7.34 guntas in Sy.No.534 recorded as .Banchari Sarkari'. Out of the said extent, arr extent of Acs.2.OO guntas was assigned to Gunde Hussain and his name was incorporated in the revenue record. It is further stated that on field enquiry, it was found that there existed Khabarastan/ Graveyard to an extent of Ac.2.2O gts and the same is in utilization of the villagers since long time. It is also stated that as per the directions of the Govemment of Telangana to identi$ the Government land in each Grama panchayathi/ Municipalities for construction of Vaikuntadhamams/ Khabarastans/Grave yards and dumping yards for public purpose under Pattala Pragathi Programme, the revenue authorities have identified the Government land in S-v.No.534 to an extent of Acs.2.2O guntas and it is proposed to develop the said land for Vaikuntadhamam and for other allied services. It is lurther stated that the respondent authorities are not interfering with the petitioners' patta land in Sy.Nos.536 and 535 and its sub division number of Dhamsalapuram Village.

3. In view of the above, this Court deems it appropriate to dispose of the rvrit petition directing the respondent authorities not to interfere with the petitioners' patta lands in Sy.Nos.535 and 536 except proceeding with the construction in Government land in Sy.No.534' It is made clear that this order does not preclude the respondents to conduct survey of the above subject lands and if it is found that the petitioner is in encroachment of the land other than the patta lands, they are entitled to initiate appropriate action ior eviction by following due process of law. 4 . With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

5. As a sequel, the miscellaneous petitions pending, if any, sha-ll stald closed //TRUE COPY// SD/.N. SRI DEPUTY REGI RI RAR \ of TelSngdna at HYderabad SECTION OFFICER , - an" principal secretary, Revenue Department, secretariat, Tel4ngana, Stpte z iir" oi"iiilt Colleclor, Khammam,. Kh?mmam District i ii'i" iiii.iioir, rnamirijm Urban Mandal Khammam District - ; +ii; M;;;; bl*"voi,'r-i''ntminl utoan Mandal' Khammam pistrict' ; +;; ccfi cF r6n'ciGr.t[ie, Higi' corrt for the state of Telansana at . l 8t"l"St?i dRiJlrNrvASA RAo MADTRAJU, Advocate [oPucl Two QD Copies 0 7 SA BS c.d) 1Ht s l,l 16 ( c'( .a r_) ,.) \') 11Juli 2m t)r_' .Sr, T.. .\ ^a HIGH COURT DATED:30t0412025 ORDER WP.No.6711 of 2022 DISPOSING OF THE W.P WITHOUT COSTS. &Jcrfn4 k-

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