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 pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAIVUS declaring the action of respondents in insisting the petitioner to vacate from agricultural landed property admeasuring about Ac. 0.02 guntas to the west of Jalagam Vengalarao Park and irrigation canal enclosing the petitioners land in Survey Numbers 75iA and 75lAA of Saihupally Village, without there being any authority of law as illegal, irregiular, irrational, without jurisdiction and violative of articles 14,21 and 300-A of Constitution of lndia and consequently direct the respondents not to evict tfle petitioner from the said land. l.A. NO: 1 OF 2012(WPMP. NO: 15485 OF 20121 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 / direct the respondents not to dispossess the petitioner from the landed property admeasuring about Ac. 0.02 guntas to the west of Jalagam Vengalarao Park and irrigation canal enclosing his land in Survey Numbers 75/A and 75lAA ot Sathupally Village, pending disposal of the main writ petition. l.A. NO: 1 OF 2O1 MP. NO: 36 OF 2013 ) Between:

1. State of Andhra Pradesh, Rep. by its District Collector, Khammam District at Khammam.

2. Revenue Divisional Officer, Khammam, Khammam District 3. Tahsildar, Saftupalli Mandal, Khammam District ...RESPONDENTS AND Narukulla Vasantha Rao, S/o town, Khammam District. Ramaiah, Cultivation Kakarlapalli Road, Sathupally ...PET]TIONER Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition. the High Court may be pleased To vacate the interim order granted on 26.4 2O12 in W.P.M.P.No. 15485 ol 2012 in W.P.No. 12341 of 2O12 Counsel for the Petitioner : SRI NIMMAGADDA SATYANARAYANA Counsel forthe Respondents: ASST GP FOR REVENUE The Court made the following: ORDER /, / // // , ORDER: THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.12341 OF. 2012 Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material on record,

2. Learned Counsel for the petitioner submits that the petitioner IS questioning the action of the respondents, without following due process of law, insisting the petitioner to vacate from agricultural lancl admcasuring Ac.O-O2 guntas to the west of Jalagam Vengalarao Park and irrigation canal enclosing the petitioner's land ir.r Sv.Nos.75/A and 75lAA situated at Sathupally Village withoLlt there being an_1, authority of law

3. On tlrt' ol her hand. basing on the paragraph No.4 of the counter filcd bv thc rcspondent No.3, learned Assistant Government Pleader for Revenuc submits that the Tahsildar, Sathupally, did not insisted tlre pt'titioner t() \,ac.rte the subject land on 23.O4.2012 The rcsponrlcnt No.3 h.rs to protect the Government Land in Sy.No.74/ 5 to an cxtcnt ol Ac.O-O I guntas as it was in illegal occupatior-r of thc *,rrt 1;r:titioner. The petitioner is having patta land /, in Sy.No.75, encroached the Government land in Sy.No.74/5. The respondent No.3 never questioned the possession and enjoyment of petitioner's land in Sy.No.75 of Sathupally Revenue Village and never threatened to evict the petitioner with police force.

4. Having regard to the submissions made by both the sides, this court is of the considered view that there is dispute with the regard to boundaries in Sy.Nos.75 and 7415 of Sathupally Revenue Village. If the respondents want to evict the petitioner from the Sy.No.74/5, they have to conduct survey in Sy.Nos.75 and 74/5 in presence of petitioner. After conducting survey, if the petitioners encroaching the land of the Government in Sy.No.74/5, the respondent authorities can take appropriate steps as per law against them.

5. Moreover, the respondent authorities not filed any document showing service of notice on the petitioner under the Telangana Land Encroachment Act, 19O5 for evicting them from the Government land. In view of thc same, without following due process of law, the respondents have no right to evict the petitioner from the suit schedule property. /, 3

6. In view of the above circumstances, this Writ Petition is disposed of directing the respondent authorities not to interfere with the possession of the petitioners' Iand situated in Sy.No.75/A and 75/AA at Sathupally Village, Khammam District, without following due procedure contemplated under law.

7. However, this order cannot preclude the respondents to conduct survey in presence of the petitioners for ascertaining the land in Sy.Nos.75 and 7415 of Sathupally Revenue Village. After conducting survey, if the petitioners were encroached the Government Land, the respondents are at libetr to take appropriate steps to evict them from the Government land under the Telangana Land Encroachment Act, 1905. Till the completion of survey in the subject property, the respondents are directed to not to interfere with the possession of the petitioner from the suit schedule property. No order as to costs.

8. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/. M. NAGAMANI ASSISTANT REGIS //TRUE COPY// ECTION OFFICER To, 1 . The District Collector, State of Andhra Pradesh' K 2. The Revenue Divisional Officer' Khammam' Khammam District Khammam. m District at

3. The Tahsildar, Sattupalli Mandal, Khammam District 4. One CC to SRI NIMMAGADDA SAryANARAYANA, Advocate. [OPUC] 5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana /

6. Two CD Copies. BSK PVL YY HIGH COURT \ DATED:0810912025 STA O t) t\ ,?- 2 B JAll 2026 C t t rl" .\': --:'' -.:..- ORDER WP.No.12341 ot 2012 DISPOSING OF THE WRIT PETITION WITHOUT COSTS d\ .,g-t