✦ High Court of India · 05 Mar 2025

M/s Suvrana Agro Farms. P\,,t Ltd v. 1. The State of Telangana

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,218 words

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus questioning the action of the Respondents more particularly Respondent Nos.3 and 4 in interfering in to the temporary shed/house bearing No.7-1 1 (Old No. 1-1 1) built in the Agricultural Land Adm Ac 08-00 Gts in Sy No- 24t37, Ac 04-00 Gts in Sy No. 24140, Ac 05-00 Gts in Sy No. 24t42, Ac 04-00 Gts in Sy No. 24149, Ac 05-00 Gts in Sy No. 24147 Ac 06-00 Gts in Sy No. 24t34 and Ac 06-00 Gts in Sy No. 24138 total in all Ac 38-00 Gts situated at Sayyedguda Village, Shamshabad Mandal, Ranga Reddy District and trying to demolish our temporary shed/house in the Agricultural Land without following due process of law as being illegal, arbitrary and against to the Article ,:v 300-4 of Constitut on of lndia consequenfly direct the Resprtndents not to interfere into Petitioner Property without following due process of law. lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the circumslances stated in the affidavit filed in support of the petition, the High Court may, be pleased to direct the Respondents not to interfere into the temporary shed/house bearing No. 7-11 (Old No. 1-1'1 )ruilt in the Agriculturat Land Adm Ac 0B-0C Gts in Sy No. 24137, Ac 04-00 Gts in Sy No. 24140, Ac 0S-OO Gts in Sy No. 2414,,>_, Ac 04-00 Gts in Sy No. 24149, Ac 15-00 Gts in Sy No. 24t47 Ac 06-00 Gts in Sy No. 24t34 and Ac 06-00 Gts in sy No. 24138 total in all Ac 38-00 Gts situated at sayyedguda Village, shamshabad Mandal, Ranga Reddy District without following due process of law pending disposal of the main Writ petition. Counsel for the Petitioner : SRI VENKATESWARA RAO UppALA Counsel forthe Respondents: Gp FOR REVENUE The Court made the following: ORDER G HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.6 7OS of 2o25 ORDER: This writ petition is filed seeking to declate the action of respondents No.3 and 4 in interfering with the temporary shed /house bearing No.7- 1 1 (Old No' 1- 1 1) built in the agricultural land admeasuring Acs'8'OO guntas in Sy.No.24l37, Acs.4.0O guntas in Sy'No'24/40, Acs'5'OO guntas in Sy.No.24 142, Acs.4.O0 guntas in Sy'No'24/49' Acs.5.OO guntas in Sy.No.24 127, Acs'06'OO guntas in Sy.No.24l34 and Acs-6.0C guntas in Sy'No'24/38 total admeasuring Acs.38.OO guntas, situated at Sayyedguda Village, Shamshabad Mandal, Ranga Reddy District and trying to demolish the temporary shed/house without following due process of law, as illegal and arbitrary and consequently prayed for other appropriate reliefs' .

2. Considered the submissions of learned counsel for the respective parties and perused the record'

3. The petitioner-company claims to be the owner and possessor of the land to an extent of Acs'S'OO guntas in a\ C!tsR,J wP 6705 2025 2 Sy.No.247l)7, Acs.4.OO guntas 1n Sy.No.24l4), Acs.5.OO guntas 111 Sy.No.24/42, Ac.4.O0 guntas 1n Sy.No.24l49, Acs.5.OO guntas 1n Sy.No.24/27, Acs.O6.00 guntas 1n Sy.No.247 ii4 ar-rd Acs.6.0O gts 1n Sy.No.24l38 total admeasuring Acs.38.O0 guntas situated at Sagredguda Village, Shamshabad Mandal, Rarga Reddy Dir;trict. It is stated thert the petitioner-company's name is rec,rrded in the revenue records as pattadar and possessor and the revenue authorities also issued the pattadar passbook ani title deed. It is furt l.rer stated that the petitioner raised the mango garden ir its agricultural land and for the purpose of monitoring the garden, a godown and watchman rooms have been const:ucted. The petitioner is also paying l.rroperty tax and othe;' taxes payable to the local authorities. The grievance :f the petitioner is that the respondents are treating thr: said construction as illegal construction and are making effcrts to demolish the said construction without issuing any notice. Hence, this writ petition.

4. Learrred Government Pleader has not disputed that as per Section 61 of the Telangana Land Revenue Act, 1317

1., 3 C\'BR,J wP 6705 2025 Fasli, the farmers/ occupants of the agricultural lands are entitled to construct or repair godowns or wells on the land occupied by him or otherwise to improve the condition' Even though they are entitled to construct gbdowns/tin roof shed/dwelling units in the agricultural lands, they are required to obtain written permission from the District Collector for the purpose of agricultural activities. It is not the case of the petitioner that al application has been submitted to the Talukdar to grant appropriatb permission or consider the same within the time specified under the said Act. Except stating that the petitioner has paid the property tax and other taxes for the said construction, the petitioner has not stated anything with regard to obtaining permissron' In view of the sarne, as the statute permits the 5. petitioner to construct godowns or dwelling units or repair the existing godowns and as it is stated that the said construction is already assessed for the property tex and it is regrrlarly paying the property tax from 7999, i'e', almost for 21 years, this Court is drawing the presumption that the said construction is arr authorized construction as the t { ; t CVBR,J NP 6705 2025 4 respondentsi failed to initiate arry action. Ther,:fore, the ,Jt respondent a.uthorities are directed not to take any further course of a ction for remova-l or demolition of th,: existing constructiorr//structure. At the same time, ends of justice would be m et, if the petitioner is directed to make an application seeking regula-rization of such construction in accordance '"r-ith the provisions of Section 6 1 of the 'lelangana Land Revenrre Act, 1317 Fasli

6. With the above directions, this Writ Petition is disposed of. There sha.11 be no order as to costs.

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/.P. PADMANABHA REDDY DEPUTY REGISTRAR SEC'TION OFFICER evenue Department, Secretariat, Sti rte of To, 'l . The Principal Secretary, R Telangana, Hyderabad.

2. The Dist Collector, Ranga Reddy District, Kongara Kalunu. 3. The Tahsildar, Shamshabad Mandal, Ranga Reddy District. 4. The Revenue lnspector, Shamshabad lVlandal, Ranga Reddy t.)istrict. 5. One CC to SRI \/ENKATESWARA RAO UPPALA, Advocate. [()PUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of T,:langana. IOUT]

7. Two CD Copies. BSK BS M \ HIGH COURT DATED:0510312025 ORDER WP.No.6705 of 2025 rlf. Si :\; =r '1 :'t*- i: 0 g APll 2025 { f\, a< q iJ i'J 7. * i) L: Ir,.r DISPOSING OF THE WRIT PETITION WITHOUT COSTS t{\x

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