✦ High Court of India · 21 Feb 2025

High Court · 2025

Case Details High Court of India · 21 Feb 2025
Court
High Court of India
Decided
21 Feb 2025
Bench
Not available
Length
1,012 words

Petition under Article 226 of the constitutign of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may bq pleased to issue an appropriate writ, order or direction more particularly one in the nature of wr:it of Mandamus deciaring the action of the action of the respondent Na.3 to 5, in interfering into the peaceful agriculture operationq in sy.No.626/.12 to an extent of Ac.0.20gts which is situated at Miryalguda Villagg and Mandat, Nalgonda District, withqut issuing any notice and without fgllorying due process of law and trying to dispossess the petitionqrs, which is highly illegal, arbitrarv, u n con stitutiona I and violation of Articles 14, 15,21 and 300-A of the constitution of lndia and also in violation of principles of Natqral Justice. consequently direct the respondent No.3 to 5, to not to ,nte(ere into the peacefql agricultu'e operatrons in Sy No.626/12 t9 an extent qf Ac,Q.20gts which is qituated at Mirvalguda Vittage and Mandal, Nalgonda District, fAltowing dqq pfocess of law ar-rd not to dispossess from their agriculture land IANO:1O o25 Petitipn under Section 151 CpC prqying that in the qirc,mstances stated in the affidavit filed in support of the petitiQl, the High court rnay be plgased tp respondent No. l] to 5, to not tp interfere. into the peaceful agriculture opgraflong in Sy.No.626/ 1:2 lo an extent of Ac.0.20gts which is situated 3{ Miryalguda Village and Manrlal, Nalgonda District, following due process of law and not to dispossess from therr agricultur,e land and pending disposal Of the petitiqp, Counsel for the Petitioners: SRt RAPOLU tsHASKAR Counsel for the Respondents: SRI L.RAVINDER, AGp FOR REVENUE The Court made rthe following: ORDER 1 ';a, HON'BLE SRI WSTICE C.V. BHASI{AR REDDY WRIT PETITION No.5214 of 2025 ORDER: , It is stated that the mother of the petitioners by name Daida Somamma was the pattadar and possessor of the agricultural land admeasuring Ac.0.20 guntas in Sy.No.626/ 12, situated at Miryalaguda Village and Mandal, Nalgonda District, having acquired the same from her husband. It is further stated that the name of the petitioners' mother was recorded as pattadar in all the revenue r'ecords and pattadar passbook and title deed bearing No.810243 uide Patta No. 1854 were issued in her favour under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 197I (for short "the ROR Act, 1971") and the Rules made thereurider. The grievance of the petitioners is that the respondent authorities, taking advaltage that the subject land is abutting to the Government land, are making efforts to dispossess the petitioners from the subject land without initiating any proceedings under the provisions of the Right to Fair Compensation and Transparency and Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, this writ petition. 2 i a.r' CVBR, J wp s2l4 2025

2. Considered the submissions made by the learned counsel for the part.es and with their consent, this writ petition is being disposed of at the admission stage.

3. Sri I-. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the petitioners, claiming themselves to be the owners and possessors o1'the subject land, are making efforts to encroach upon the (lovernment Land and the said action hits been resisted b1. the respondents.

4. As seerL from the record, pattadar passbook and Ltle deed have been issued in favour of the mother of the pe,-itioners under the prrovisions of the ROR Act, 1971. Pima faL:ie, the said passbool< reveals that the mother of the petitioners is the owner of the subject lald. If there is a dispute with rt:gard to the identificralion and fixation of the boundaries, this Court is of the opinion that the ends of justice would be me1. if the respondent authorities are directed to conduct survey ald in the said sr-l:vey, if any part of the Government tand is encroached by the petitioners, they shall follow due process of law for removal of encroachments. Further, if the subject land is required frrr public purpose, the respondents shall acquire the . '' _,:raatr - t{ 3 c\ts& I Wp 52lr4 _2025 same by following the due procedure as contemplated under law.

5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs

6. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPYII CTION OFFICER To,

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

2. The.Qhief Commissioner of Land Administration, Telangana, Hyderabad 3. The District Cqllector, Nalgonda' Nalgonda District' 4. The Revenue Divisional Officer Cum land Acquisition Officer' Miryalguda Division, NalgPndq Qistrigl.

5. The Tahsildar, Miryalguda Mandal, Nalgqnda District, 6. One OQ to SRI RAFOLU BHASKAR, Advocate IOPUCI 7. Two COs to GP FOR REVENUE, High Court fqr the State of Telanganaat Hyderabad [oUT]

8. Two CD Copieq BSR Y4- BS HIGH COURT DATED: 2110212025 ORDER WP.No.S214 of 2025 rHE STA Iq o C 0 i I'iA|] 2025 ( r a C- + t Q Sn4a6 '.rt: :a--- DISPOSING OF THE WRIT PETITION, WTHOUT COSTS o1."dd It^ <6rs

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