BhommuShankaraiah v. '1 . The State of Telangana

Petition under Article 226 of 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, declaring the action of Respondent authorities, in particularly Respondent No' 4' 5 and 6 in interfering into the petitioner peaceful possession and enjoyment of Land in Sy No 636/5' extent Ac.3.20 gts situated at Koppoll_l village of Gurrampode l\,4andal, Nalgonda District of the petitioner and trying to dispose the petitioner from his patta Iand without notice and due process of raw as arbirrary, iregar, unjust and vrorative of principles of naturar justice and consequenfly direct respondent No. 4, 5 and 6 not to interfere into the peacefur possession and enjoyment of the above said patta land of the petitioner lA NO: 1 OF 2020 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondent authorities particurarry Respondent No. 4, 5 and 6 not to interfere with the peacefur possession and enjoyment of Land in sy. No 636/5, extent Ac 3 20 gts situated at Koppor-r virage of Gurrampode Mandar, Nargonda District of the petitioner. forthwith, pending disposar of the above writ petition, COUNSEI fOr thc PEtitiONEr; MS. B.RAJESHWARI, REP. FOR SRI K.V.RAJASREE counsel for the Respondent No.1 to 4: sRr H.RAKESH KUMAR, AGp, REp. FOR GP FOR REVENUE Counsel for the Respondent No.5 & 6: Gp FOR HOME counsel for the Respondent No.7 to 10: SRr T.BALA MOHAN REDDY The Court made the following: ORDER i ) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.7516 of 2O2O ORDER: This Writ Petition is filed under Article 226 of the Constitution of india seeking the following relief/s:- ". . . to issue an appropriate rwit, order or direction more particularly one in the nature of Writ of l\"[andamus' declaring the action of Respondent authorities' in particul;rly Rcspondent Nos.4, 5 and 6 in interfering into ihe petitroner peacefuI posscssion and enjol.rnent of Land in Sy.l.io,636/5, extent ol Ac.3-20 guntas situated at Koppoll-t ol Gurrampode Mandal, Nalgonda District of the ",illage petitioner ancl trying to dispose the petitioner from his patta iald without notice and due process of law as arbitrar,v, illega1, unjust and vrolatrve of principles of natural justice uttd .o.r""qr"t tly direct respondent Nos 4, 5 and 6 not to interfere inio the peaceful possession and enjoyment of the above said patta larrd of the petitioner and to pass such other orders ..."

2. Heard Ms.B.Rajeshwari, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos l to 4 and Sri T.Bala Mohan Reddy, learned counsel for respondent Nos.7 to 1O appearing on-line' Perused the record.

3. The brief facts of the case are that the petitroner is the absolute owner and possessor of the land admeasuring Acs.3-20 gts. in Survey No.536/5 situated at Koppoll-l Village of Gurrampode Manda-l, Nalgonda District and

2. that the same wav acquired by way of an ancestral property; that initially, the revenue authorities had issued pattadar passbook to the petitioner's forefather and subsequently the revenue authorities issued patta passbook, entered the name of the petitioner in the revenue records; that respondent Nos.7 to 10 in collusion rvith the official respondents are tryrng to interfere into the peaceful possession of the petitioner r,vithout any right and therebl, damaged the boundary pole and fencing; that the respondent-potice, high- handedly tried to interfere w-ith the civil disputes and tried to dispossess the petitioner frorn the subject property, without following due process of law Aggrieved by the same, the petitioner filed the present Writ Petition.

4. Lealned counsel for the petitioner submits that she has given 'NOC' to the petitioner. However, she seeks to pass appropriate orders

5. Learnecl {ssistant Government pleader for Revenue, b.y- hrrnishing the copv of -wriiten instructions passed on to the iearned Government pleader for k r a Revenue by the 4th respondent/Tahsildar submits that the Office has neither visited the petitioner's land nor tried to dispossess him from the subject land' Therefore, the allegation that the respondent authorities are in.terfering with the petitioner's tand is untenabie' Hence, he states that the Writ Petition is misconceived and liable to be dismissed.

6. Learned counsel for unofficia'i respondent Nos'7 to 10 appearing on-line contends that unofficiai respondent Nos.7 to 10 are lormal parties to the Writ I I Petition and seeks to pass appropriate orders'

7. This Court vide order dated 03.06 .2O2O directed respondent Nos.5 and 6 not to interfere with the possession of the petitioner over the subject land'

8. Having regard to the submissions of a-11 the learned counsel and upon careful scrutiny of the material available on record, this Court deems it appropriate to dispose of the Writ Petition by directing respondent Nos.S to 6 not to interfere with the possession and enjoyment of the petitioner over the subject property without following due process of law. No costs. l As a seqrrel, miscellaleous applications pending in this petition , ii an1t, shall stand closed. DEi?ry??B,i?[l'A //TRUE COPYII To, G- SECTION OFFICER ' 3[:"??]?i"Xn3,i;.,"''", Revenue Department, secretariat at Hyderabad, 2. The District Collector, Nalgonda, Nalgonda District. 3. The Revenue Divisional Officer, Deverakonda, Nalgonda Distrjct. 4. The Tahsildhar, Gurrampudi (Mandal) Nalgonda District, 5. The Deputy Superintendent of police, Nalgonda District. 6. The Station House Offir " J::::.,llll} 7 one cc to sR,^ B. One CC to SRt T.BALA MOHAN REDDY, Advocate tOpUCl n lyr":r::ot?fr?,to* REVENUE, High court ror the state or reransana at " Iff"r:8;.i%GP FoR HOME, Hish court for the state of reransana at "fllL],District \

1. Two CD Copies 1 R BS GJ --1-=!**+r!{!E:...:_ l I I I HIGH COURT DATE D:14 10812025 ORDER WP.No.7516 of 2020 .-.:, \i,Fl . - ?5 5[P 20tr /:...: 'I\ \. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS l,{