The High Court · 2025

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 p leased to issue a Writ, order or direction, one more particularly in the nature of a Writ of Mandamus declaring the action of Respondents in interfering with the peaceful possession and enjoyment of the petitioners property in Sy. No. 34412, admeasuring Ac.O.33 Gts, situated at Veldanda Viliage, Narmetta Mandal, Jangon District, as being illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the Respondents not to interfere with the possession and enjoyment of the petitioner land without following due process of lA NO: 1 OF i,.020 Petitiorr under Section 151 CPC praying that in the circumstances stated in the affidavit l'iled in support of the petition, the High Court may be pleased to direct the Re:;pondents not to interfere with the possession and enjoyment of the petitioner over their property in Sy. No.34412, admeasuring Ac.0.33 Gts, situated at Veldanda Village, Narmetta t\/andal, Jangon District, pending disposal of the writ petition Counsel for the Petitioner: SRl. SRIDHAR REP SRI P. SRt HARSHA REDDY Counsel for l:he Respondent Nos. 1to5: SRI H. RAKESH KUMAR, AGP FOR REVENUE Counsel for the Respondent No.6: SRt RAMA KRISHNA REp SRI G. NARENDER REDDY, SC The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V. VENUGOPAL IIIRIT PETITION No.sosl oF 2020 ORDER: This writ Petition is filed under Article 226 of the constitution of [ndia, seeking the following relief/s:- ".'. to issue a Writ, order or direction, one more particularly in the nature o[ a "Writ of Mandamus" declaring the action of Respondents in interfering with the peacefui possession and enjoyment of the petitioners property in sy.No.344/2, admeasuring Ac.0.33 Gts, siruated at Veldanda^Viliage, Narmetta Mandal, Jangon District, as being illegal, aruitra=ry, unconstiturional and violative of principles of natural justice u;i consequently direct the Respondents not to interfere with the possession and enjoyment of the petitioner land without following due process of law and pass such other order or orders ..." 2- Heard Mr.Sridhar, learned counsel representing Mr.P.sri Harsha Reddy, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government pleader for Revenue appearing for respondent Nos.1 to 5 and Mr.Rama Krishna, learned. counsel representing G.Narender Reddy, learned Standing Counsel for respondent No.6.

3. The brief facts of the case a-re that the petitioner is the absolute owner and possessor of the property situated in survey No.344/2, admeasuring Ac.0.33 Gts, situated at veldanda village, Narmetta Mandal, Jangon District, allotted to him by the Government under the Ex-service man quota; that the petitioner was also issued the pattadar pass book on t4 : !: i: ti,i 2 (-;

27.06.1.995 and since then, he is in the peaceful possession of the prc,perty; that on 21.O4.2018, the Government had issued fresh pattadar pass book in favour of the petitioner; that on land of the 2O.O2.'.2O2O, the respond'ents carne to petitio;aer, without any notice, and started interfering with the petitioner's property by stating that they intend to form a dumping yard; that against the action of respondent Nos.3 €rrtd 4, the petitioner vide letter dated 26.02.2020 made a represientation .to respondent No.2 and the salne is kept pending; that as on the date, the name of the petitioner is reflec'ced as original land owner of the subject property; that the adangals/pahanis tlll 2O2O reflect the name of petitioner in tht: revenue records as pattadars- It is stated that an encroacher on the Government land 4. is entitled for notice under the provisions of Land Encroachment Act; that if at all the subject land is required' for public purpose, the respondent authorities have to follow the ltroced.ure for acquisition of the land by paying adequate comrfensation as per the statutory provisions under the Right to Frair Compensation and Transparency in Land Acquisition; Re-trabilitation and Re-settlement Act, 2013. Therefore,". 3 aggrieved by the action of respondent authorities, the petitioner filed the present Writ Petition.

5. Learned counsel for the petitioner submits that the action of respondents 1n interfering with the peaceful possession and enjoyment of the petitioner over the subject property, without notice is illegal and arbitrary. Therefore, he seeks to pass appropriate orders.

6. Learned Assistant Government Pleader for Revenue I I submits that respondent Nos.1 to 5 are formal parties to this Writ Petition and the petitioner had sought for a direction against respondent No.6 alone. Therefore, he seeks to dismiss the Writ Petition.

7. Learned standing counsel submits that in the event any action is required to be taken against the petitioner, 1n respect of the subject property, the authorities concerned would follow due procedure as contemplated under law. Therefore, he seeks to pass appropriate orders. B. Having regard to the submissions of all the learned counsel and on perusal of the material available on record, this Court, without making any observations on the r. t. ,i, i I i I I I i I I I 4 -\ possession of the petitioner, is of the opinion that if at all the respondents are contemplating to take action with regard to the sub.ject property, they shall strictly follou, the procedure contemplated under Iaw.

9. With the above direction, this Writ Petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed To, \ SD/. T. SRINIVASA REDDY ASSISTANT REGIS //TRUE COPY/ SECTION OFFICER The 1 The 2 .The 3 4 The The 5 The Secretary,V 6 One CC to SRI 7 Two OCs to GP FOR REVENUE ,High Court for the 8 Hyderabad [OUT] 9. One CC to SRl. G. NARENDER REDDY, SC [OPUC] 10.Two CD Copies eldanda Gram Panchyath P. SRI HARSHA REDDY cretariat, T.S., Hyderabad , Jangon District. ndal, Jangon District. , Narmetta lVandal, Jangon District , Advocate loPUCl State of Telangana at BM GJP /UT HIGH COURT DATED:'1410812025 ORDER WP.No.{i051 of 2020 I I I STATE .:) (, 11r$d * * DISPOSING OF THE WRIT PETITION WITHOI..|T COSTS ,$ ;.v