High Court · 2025
Case Details
Acts & Sections
Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleasec to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No 2 to 4 highhandedly interfering into the peaceful possession and enjoyment of petitioners land admeasuring Ac.2- 00 Gts in survey No.63/(/15, admeasuring Ac.1-00 Gts, in Survey No.63/EE/3 and admeasuring Ac.1-20 Gts, in Survey No.64tEt2t2, belongs to Petitioner No.'l , Land admeasuring Ac.1-'13 Gts in survey No.64lEl2t1, belongs to Petitioner No.2 and Land admeasuring Ac 1-03 Gts, in survey No.55RUU, Land admeasuring Ac.3-37 Gts, in Survey No.56E/1 belongs to Petitioner No.3, situated at Tekulapalli Village, Penuballi Mandal, Khammam District, Telangana state as illegal, arbitrary without issuing any notice, without hearing, without following the due process of law and violative of principles of natural justice, and also violation of Articles 14, 19 and Article 300-4 of the Constitution of lndia and Consequently direct the respondents not to interfere into the peaceful possession and enjoyment of the lands admeasuring Ac.2-00 Gts in Survey No 63/E/15, admeasuring Ac.1-00 Gts, in Survey No.63lEEl3 and admeasuring Ac.1-20 Gts, in Survey No.64lEl2l2, belongs to Petitioner No.',l, Land admeasuring Ac 1-13 Gts in Survey No.64tEt2ll, belongs to Petitioner No.2 and Land admeasuring Ac.1-03 Gts, in Survey No.SSRUU, Land admeasuring Ac.3-37 Gts, in Survey No.56E/'l belongs to Petitioner No.3, situated at Tekulapalli Village, Penuballi Mandal, Khammam Dlstrict, Telangana State, without issuing any notice, without hearing, without following the due prgcess af law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstancqs stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.2 to 4 not to interfere into the peaceful possession and enjoyment of the lands admeasuring Ac.2-00 Gts in Syvey No.63/E/15, admeasuring Ac 1- 00 Gts, in Survey No.63/EE/3 and admeasuring Ac.l-20 Gts, in Survey No 64/El2l2, belongs to Petitioner No.1, Land admeasuring Ac:'l-13 Gts in Survey No.64/E/2/1 , belongs to Petitioner No.2 and Land admeasuring Ac.1-03 Gts, in Survey No.55RUU, Land admeasuring Ac.3-37 Gts, in Survey No.56E1l belongs to Petitioner No.3, situated at Tekulapalli Village, penuballi Mandal, Khammam District, Telangana State, without issuing any notice, without hearing, without following the due process of law, pending disposal of Writ petiilon. Counsel for the Petitioners: M/s R.MADHAVI LATHA Counsel for the Respondents: SRI L.RAVINDER, AGP FOR REVENUE The Court made the following: ORDER HON'BLE SRI .IUSTICE C.V. BHASKAR REDDY trrRIT PETITION No.4458 of 2O2S ORDER . It is stated that petitioner No.1 is the owner and possessor of the lands admeasuring Acs.2.OO guntas in Sy.No.63/E/15; Ac.1.00 guntas in Sy.No.63/EE/3 and Ac.l.20 guntas in Sy.No.64/E 1212, petitioner No.2 is the owner and possessor of the land admeasuring Ac. 1.13 guntas in Sy.No.6a/El2/ I and petitioner No.3 is the owner and possessor of the lands admeasuring Ac. 1.03 guntas in Sy.No.SSRUU; Acs.3.37 guntas in Sy.No.56E ll, all situated at Tekulapalli Village, Penuballi Mandal, Khammam District. It is further t stated that the petitioners were issued pattadar passbooks under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act,2O2O (for short "the Act 9 of 2O2O"l uide Passbook Nos.T2613O111219, Khata No.605444, T26130111220, Khata No.6O545 and T2613O111241, Khata No.6O568, respectively. It is further stated that the petitioners have also been receiving various incentives sanctioned by the Government from time to time as investment subsidy for cultivation of the said lands. The grievance of the petitioners is that at the instance of the local politicians, respondent Nos.3 2 CVBR. J Wp 4458 2025 and 4 are frequently interfering with their peaoeful possession and causing obstruction in enjoyment of the subject properties.
2. Considered the submissions of the learned counsel for the respective partics and with their consent, this writ petition is being disposcd of at the admission stage.
3. Learned counsel for the petitioners has vehemently contended that the revenue authorities are not having any power or authority to interfere with the pal,ta lands, .more particularh', having issued pattadar passbooks referred to above, without following due procedure as contemplated under larv. t
4. Sri L.Ravinder, learned Assistant Government Pleadcr for Revenue, on instrucl-ions, would submit that the respondents are not interfering with the peaeeful possession of the petitione rs and if there is any claim of the Gove rnment over the sufiect lands, the respondent authorities would initiate approprrate action by following due procedure under law.
5. Recording the said submission and as it is seen from the record thal the petitioners were issued pattadar passbooks and unless thosc pattadar passbooks are cancelled by following due t:,7 3 CVBR. J Wp 1458 2025 procedure, the respondent authorities are not having any right to interfere with the possession of the petitioners.
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. SD'.K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY// S TION OFFICER to ', The Principal Secretary to Government' Revenue Departm7t' Secretariat' , ?n:"{illft:i 3:i15"?i'1",1f,:fl43m oY't'ict, reranB',fl;5Ii 5. ih. n"u.nre Divisional Officer' Kalluru Revenut ^n"mmam . If; 5 tt"?Sirt"titFen ubalt i Mand a l, Kham mam-District' rela ns ana State' District, of reransana at ; u+:fi..cl:,I5..iTffl$ylnlmrsnr['t3!"?j* PSK. BS HIGH GOURT DATED:1710212025 ORDER WP.No.4458 of 2025 o ( c o O _-1 t!, 11 A M z .t g_o I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS / / 4