✦ High Court of India · 10 Mar 2025

The High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,941 words

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 an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent Nos. 2 and 3 herein in threatening to dispossess the petitioner from her lawful possession at the behest of Respondent No. 4 in respect of the my land admeasuring Ac.35.00 gts., in sy.No.3}3t2t84t10, situated at Mittapalli Village of Gangaram Revenue Village, Tekulapalli Mandal, Bhadradri Kothagudem District, '::l.. without any authorit)/ or jurisdiction, as being illegal, arbitrary, u nconstitutional and violative of Article 19,21 and 300-A of the Constitution of lndia and consequently direct the Respondent Nos.2 and 3 herein not to take coercive steps without following the due process of Law. lA NO: 1 OF 2025 Petition under Section '15'1 CPC praying that in the circumstztnces stated in the affidavit filed in support of the petition, the High Cou( may be pleased to pass orders directing the Respondents herein not to dispossess the pertitioner in any manner by interfering with the peaceful possession and enjcryment of the petitioner in respect of the land admeasuring Ac.35.00 gts., in Sy. No.3O3t2t\4l10, situated at Mittapal i Village of Gangaram Revpnue Village, Tekutapalli Mandal, Bhadradri Kothagr-dem District, without following the due crocedure as contemplated under law, pending disposal of the main Writ petition. Counsel for the Petitioner : M/s.PlLLlX LAW FIRM Counsel forthe Respondents No.1&2 : GP FOR HOME Counsel forthe Respondents No.3: GP FOR REVENUE Counsel for the Respondents No.4 i -- W.P.No.7154 OF 2025 Between: Maloth B-alram, S/o Bitcha, .ag_Q 49 yeap, Occ Agriculture. Fl/o Laky,athanda, Bodu Village of Tekulapalli Mandal, Bhadridri Kothagudem Diskict, ..PETITIONER AND

1. The State of Telangana, rep. by its Principal Secretary. Home Department. Secretariat, Hyderabad.

2. The Station House Officer, Tekulapalli police Station, Bhadradri Kothagudem District.

3. The Tahsildar, Tekulapalli Mandal. Bhadradri Kothagudem Distrlct 4. Somaraiu Rajagopal Rao @ Raja Baby, S/o Venkataramana Rao. aoe 60 y-ears Occ Agriculture, F/o Regalia Village and Mand;rl, fini"OiaOn Kothagudem District. ...RESPONDENTS --j 3 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 an appropriate Writ Order or Direction, more particularly one in the nature ot Wiit of Mandamus. declaring the action of the respondent Nos. 2 and 3 herein in threatening to dispossess the petitioner from her lawful possession at the behest of 31d and 4th respondent in respect of the land admeasuring Ac. 10.00 gts, in Sy No 303121115 situated at Jaggiralagutta Village of Gangaram Panchyathi. Tekulapalli Mandal. Bhadradri Kothagudem District., during the pendency ol the civil suit bearing O.S.No. 33 of 2025 on the file of the Agent to government (District Collector), (othagudem, Bhadradri Kothagudem District, without any authority or jurisdiction, as being illegal, arbitrary, unconstitutional and violative of Article 21 and 300-A of the Constitution of lndia and consequently direct the respondent Nos. 2 and 3 herein not to take coercive steps without, following the due process of Law. lA NO: 1 OF 2025 ii'' 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 pass orders directing the respondent Nos. 3rd and 4th herein not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the land admeasuring Ac. 10.00 gts, in Sy No 303/2i1 15 situated at Jaggiralagutta Village of Gangaran Panchyathi, Tekulapalli Mandal, Bhadraar. Kothagudem District., pending disposal of the main Writ Petition. Counsel for the Petitioner : M/s.PlLLtX LAW FIRM Counsel for the Respondents No.1&2 : GP FOR HOME Counsel for the Respondents No.3 : GP FOR REVENUE Counsel forthe Respondents No.4: -- :t r. W.P.No.7305 OF 2025 Between: tt/laloth Bala Ram, S/o Bitchya, age4 about 45 years, Oco Agriculture, Gangaram Village. -l-ekulapalli Mandai, Bhad rad ri Koth-agudem Districl. Fl/o. ...PETITIONER AND 1 2 3 4 The State of. l-elangana, rep. by its Principal Secretary. Home l)epartment. Secretariat, Flyderabad The Station House Officer, Tekulapalli Police Station, Bhadradr.i Kothagudem District. The Tahsildar, Tekulapalli Mandal, Bhadradri Kothagudem Dislrict Varanasi Latha, W/o. Suresh, aged about S0 years, R/o. Lachagudem Village, Tekula pal li lVl a nda l, Bhadrad ri Kbthagudem District. ...RESPONDENTS Petition uniier Article 226 of the constitution of lndia pray ng that in the circum.stances stated in the affidavit filed therewith, the High court r:ray be pleased to issue an appropriate writ. order or Direction, more particularly one in the nature of writ of Mandamus ceclaring the action of the Respondent Nos. 2 irnd 3 herein in threatening to dispossess the Petitioner from her laMul possession at the behest Respondent No.3 and 4 in respect of the my tand admeasuring A:_30.00 gts. in sy.No.303/2/84/10, srt,.rated at Mittapalli village of Gangaram Re uenue Village, Tekulapalli Mandal, Bhadradri Kothagudem District, without an,v authority or jurisdiction, as being illegal, arbitrary, unconstitutiona I and violative ol Article 19. 21 and 300-4 of the constitution of lndia and consequenfly direct the Respondent Nos. 2 and 3 herein not to take coercive steps without following the r.iue process of Law. 1A NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumsta rces stated in the affidavit filed in support of the petition, the High court may be pleased to pass orders directing the Respondents herein not to dispossess the peritioner in any manner by interferingr with the peaceful possession and enjoyment of the petitioner in respect of the rand acJmeasuring Ac.30.00 gts., in sy.No.3o3t2rg4r'ro, situated at I/ittapalli village of Gangaram Revenue Village, Tekulapalii Mandal. Bhadradri Kothagudem District without following the due procedure as cpntemplated under law, pending disposal of the main Writ Petition. Counsel for the Petitioner : M/s.PILLIX LAW FIRM Counsel forthe Respondents No.1&2: GP FOR HOME Counsel forthe Respondents No.3 : GP FOR REVENUE Counsel for the Respondents No.4 : -- The Court made the following: COMMON ORDER I I I I I i THE HON'BLE SRT JUSTICE T. VINOD KUMAR W.P.Nos. 7139 7154 and 73O5 of 202s COMMON ORDER: Sincer ,_he grievarrce of the petitioners in all. these wr:t petitions is one ald tl-- e same, they are being disposed of by thisr cornmon

2. Hear<l learned Counsel for the petitioners and the learned Governmenl Pleader for Home appearing for the ofhcial r,.:spondent Nos.l & 2, respondent e arned Government pleader for Revenue app:aring for lkr-3, and with the consent of the learner counsel appearing fcr the respective parties, these writ petitions are taken up for hearing zurc disposal at admission stage.

3. Ilavrng r egard to lis involved arld the manncr of disF,osal, this Court is of th,3 view that notice to unofhcial respondents in all these writ petitions is not necessary for adjudication of the pr-er;ent Writ Petitions.

4. Shorn rtl- unnecessary details, the case of the petiti tners, in brief, is that tltey are the owners of various extents of land; and that the official respondent Nos.2 & 3 are trying to dispossess tl..em from their respe ctive lernds at the behest of unofficial re sponden Ls in the writ petitions. 2 l'.:r' ..i.

5. It is the further case of the petitioners that against the interference being caused by the unolficial respondents; they had approached t}re competent Court of Civil jurisdiction by frling separate civil suits; that while the said suits are pending consideration, tJle unoffrcial respondents, with the heip of the offrcial respondents, are trying to dispossess them; and that the said action of the respondents-authorities in involving in civil disputes cannot be held as a valid action.

6. Per contra, iearned Government Pleader for Home appearing for 2nd respondent has piaced before this Court, tvritten instructions, dt.10.03.2d25, under the signature of the Sub-Inspector of Police, Tekulapalli Police Station, Bhadradri Kothagudem District. By the uritten instructions, it is stated that the 2"d respondent never interfered with the peaceful possession ald enjoyment of the petitioners at any point of time nor tried to dispossess the petitioners from their subject lancis; and that as per the station records, lh,.e 2"d respondent did not receive any complaint against the petitioners nor any crimina-l case is pending against the petitioners herein.

7. Learned Government Pleader for Revenue appearing on behalf of the 3.d respondent would submit that the petitioners are claiming the subject lands on the basis of old pattadar pass books, which have since been abolished on issuance of new pattadar pass books, and thus, thg claim of petitioners being the owners of the subject lands t l s 1 t 3 basing or-r ti-re old pattadar- pass books, cannot pimt facie be acceptecl.

8. Lealned Government Pleader for Revenue further sr Lbmits that though tl-re r)3titioners have made an application for pzrss book data correction, tll3 sarne was made wrthout placing on recorcl tlre pattadar l I I I pass books a sr issued by the Government of Telalgala.

9. I have r aken note of the respecLive submissions madr:

10. Having rcgard to the submissions made as above, ,end taking note of the fact that the 2",1 respondent, by the u.ritten in strlrctions, having cateeorically stated that the said authority is not interfering with the pear:cful possession ald enjoyment of the petitione rs over the subjcct Iarc:s;, and since, the 3.a respondent submits that the petitioners are claiming lalds on the basis of old/abolisireC pattadar pass bool<s ,r-rd also having not filed the new pattadar pass books issued by th: Government of Tclangara to establish their right ald title over the s;ubjcct lands, this Court is of the view that ir the event of the respor clcnts-authorities initiating any action against the lalds being claimcrl b1' the petitioners, the authorities are to be iirected to follou, duc l)rcccss of law ald take action strictiy in accorr lance with Iaw 1 1. Subject to the above observations, the Writ pet Ltions are disposecl of. I-o order as to costs. 4

12. As a sequel miscellaneous petitions pending if any shall stand closed. No order as Lo costs. //TRUE COPY// SD/-S. MALLI,KARJUNA RAO ASSI ANT REGISTRAR CTION OFFICER To, 1 . The Principal Secretary, Home Department, Secretariat, State of Telangana, Hyderabad.

2. The Station House Officer, Tekulapalli Police station, Bhadradri Kothagudem District.

3. The Tahsildar, Tekulapalli Mandal, Bhadradri Kothagudem District 4. One CC to M/s.PlLLlX LAW FIRM' Advocate. [OPUC] 5. Two CCs to GP FOR HOME, High Court for the State of Telangana [OUT] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies. BSK LS 1rP HIGH COURT DATED:1 010312025 -i:., 5 tO 0 g APB 2025 + i) * t:)E .Sn' * rd) COMMON ORDER WP.No.7139,,7154 & 7305 of 2025 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS I\ q N \

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