High Court · 2025

Petition Under Article 226 o'f the Constitution of lndia praying that in the circumslancas stated in the affidavit filed therewith, the High Court may pe please( to issue any writ order or direction more Particularly one In the nature of Writ of Mandamus declqring the action of the respondent No.3 ln interfaring the with the possession of the petitioner over the property i.e land admeasuring Ac 2- 20 gts.in Sy No. 62814 and 628/.6 situated at Pamukunta village, Rajampet Mandal, Yadadri BIuvanagiri district as illegal, arbitrary and unconstitutional gonsequently direct the respondent Nos. 3 and 3 not to interfere and dispossess the petitionerfrom the property i.e land admeasuring Ac2-20 gts.in 9y N9.629/4 and 62El6 situated at Pamukunta village, Rajampet Mandal, Yadadri BhuvanagiJi District. I.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to lssue lnterim directions to the respondent No.3 not to interfere with the possession of the petitioner over the property i.e land admeasuring Ac 2-20 gts.in Sy No. 62814 and 628/6 situated at Pamukunta village, Raj ampet Mandal, Yadadri Bhuvanagiri district, pending disposal of the writ petition Counsel for the Petitioner : SRI RAJAGOPALLAVAN TAYI Counsel for the Respondents : SRI H.SOMAIAH EZRA SHASTRI, AGP FOR REVENUE The Cqurt at the stage of admission made the following ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETI TION No.49OS of 2025 ORDER: It is stated that the petitioner was assigned the agricultural land admeasuring Acs.2.0o guntas in Sy.No.628/6, situated at Pamukunta Village, Rajampet Mandal, Yadadri- Bhuvanagiri District, in terms of the policy laid down by the Government under G.O.Ms.No. 14O6, dated 25.07.1958. It is further stated that the petitioner is enjoying the said property and she has not violated the terms and conditions oI the assignment patta. It is further stated that the petitioner's husband also owns land to an extent of Ac.0.2O guntas in Sy.No.628/4 of the same village. Thus, the petitioner and her husband are in possession of the tand totalling to an extent of Acs.2.2O guntas. The grievance of the petitioner is that respondent No.3, to facilitate the neighbouring owners, is making efforts to occupy or dispossess the petitioner from the subject land for laying pathway/cart track.

2. Considered the submissions of the learned counsel lor the petitioner and Sri H.Somaiah Ilzra Shastri, learned Assistant Government Pleader for Assignment appearing for the / 2 CVBR, J Wp 4905 2025 respondents and with their consent, this writ petition is being disposed of ;rt lhe admission stage.

3. Learnt:d counsel for the petitioner has submitted that no pathway as depicted in the Village Revenue Map from the lands of the petitioner and in the absence of existing road/path way, the respondents are not having any power to take possession of the petitioner's land without following the procedure. In support of l-ris contention, he relied upon the judgment of the Apex Court in LAO-cum-RDO, Cheuella Dlvlslon, Doma.laguda, Hgderabad a. MekaLa. pandut wherein it is held that the assignees are entitled to compensation on par with the pattadars of the land and only after payment of compensation the respondcnt authorities will have power to acquire the assigned lands.

4. Learned Assistant Government pleader for Assignment has not disputed the fact that the petitioner was assigned the land to an extent of Acs.2.00 guntas and the petitioner,s husband was pattadar of the land admeasuring Ac.0.20 guntas ' 2oo4(2) AtD 45r I t , a.4]F,*t .,.--r ,, i J CVBR, J Wp_4905_2025 and the same is in possession of the petitioner and her husband. 5 It is settled law that once the land has been assigned to landless poor person, the respondents are not having any power to resume the same uniess it is found, after enquiry, that the assignee has violated the terms and conditions of the assignment patta. If the said assigned land is required for public purpose, the respondents have to initiate proceedings under the provisions of the the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013. Except following the above procedure, the respondents are not having any power to resume the land, which has been assigned to the petitioner.

6. For the aforesaid reasons, this Cor.irt deems it appropriate to flispose of this writ petition directing respondent No.3 not to interfere with the possession of the petitioner and her husband over the land admeasuring Acs.2.20 guntas in Sy.Nos.628/6 arld 6}a / 4 situated at Pamukunta Village, Rajapet Mandal, Yadadri-Bhuvanagiri District, in any manner. However, if the petitioner violates any terms and conditions ol the assignment t 0 ( I -1 CVBR. J wp .1905 -2025 patta the respondents are at liberty to take appropriate action in accordance with law. 7 . With the above observations, this Writ Petition is disposed oL There shall be no order as to costs.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/-V. KAVITHA ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER Tq \ . The Principal Secretary' Revenue Department, Secretariat, State of 1 Telangana at Hyderabad. The District Collector, Yadadri Bhuvanagiri District' . The Tahsildar, Rajampet Mandal, Yadadri Bhuvanagiri District. . Two CCs to GP Fbn REVENUE, High Court for the State of Telangana at 2 ., 4 Hyderabad [OUT]

5. One CC to S-Rt RAJAGOPALLAVAN TAYI, Advocate [OPUC] 6. Two CD CoPies SA BS *ry \ I 't: r HIGH COURT DATED:19102t2025 ORDER WP.No.4905 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ,f a) T I € o 1 21 t\rfl 2u5 DF.lo6a (, I I f J () \,,