Komaram Chitibabu 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, Order or Direction, more particularly one in lhe nature of Writ of Mandamus, declaring the action of the respondent Nos. 2 and 3 herein in threatening to dispossess the petit'roner from her lawful possession at the behest of 3rd and 4th respondent in respect of the laM admeasuring Ac.23.10 gts., in Sy.l,lo.303l2l84l1 situated at Gangaram Revenue Village, Sampath Nagar, Tekulapalli Mandal, Bhadradri Kothagudem District., during the pendency of the civil suit bearing O.S.No. 80 ot 2025 on the file of the Agent to govemment (District Collector), Kothagudem, Bhadradri Kothagudem District, without any authority or jurisdiction, as being illegal, arbitrary, unconstitutional and violative of Article 21 and 300-4 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 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. 2nd and 3rd herein not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the and admeasuring Ac.23.10 gts., in sy.No.3O3/2/84/1 situated at Gangaram Revenue Village, Sampath Nagar, Tekulapalli Mandal, Bhadradri Kothagudem District., pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s. PILLIX LAW FIRM Counsel forthe Respondent No.1 & 2: GP FOR HOME Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER .-l t I THE HON'BLE SR.I JUSTTCE T. VINOD KUMAR w.P. No. 7335of 25 ORD ER: ThisWritPetitionisfiledforissuanceofWritofMandamusto declare the action of respondent Nos.2 and 3 in threatening to dispossess thepetitionerfromhislawfulpossessionofthelandadmeasuring Acs.23.10 guntas in Sy.No.303/2/84/1 situated at Gangaram Revenue Village, Sampath Nagar, Tekulaplli Mandal, Bhadradri-Kothagudem District' atthebehestofrespondentNos.4and5,duringpendencyofthecivilsuit, being O.S.No.80 of 2025 on the file of the Agent to Government (District Collector),Kothagudem,withoutanyauthorityorjurisdiction,asbeing illegal, arbitrary and u rrconstitut'tonal.

2. Heard learned counsel for the @itioner, learned Government Pleader for Home appearing for respondent Nos'1 to 3 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage'

3.HavingregardtothemannerofdisposaloftheWritPetit.lonatthe admissionstageandthe/isinvolved,thiscourtisoftheViewthatnotice to unofficial respondent Nos.4 and 5 is not necessry for adjudication of the present Writ Petition. 2

4. Learned counser appearing on beharf of petitioner fairly submits that the issue involved in the present Writ petition is squarely covered by a decision of this Court in Wp.Nos.7139 of 2025 & batch, dt.10.03.2025, and the said common order wourd appry in ail force to the facts of the present case. The same is not disputed by the Government preader for Home appearing for respondent Nos.1 to 3.

5. Recording the same, aforesaid Writ for reasons alike as were stated in the vide Wp.Nos.7I39 of 2OZ5 & batch, dt'10'03'2025, and in terms thereof, this writ petition is arso disposed of. No order as to costs Petitions,

6. Registry is directed to append a copy of the order passed in WP.Nos.7139 of 2_025 & batch, dt.10.03.2025, to this order. 7. Consequently, miscellaneous petitions, if any, pencling in this writ petition shall stand closed //TRUE COPY// SD'.K.AMMAJI PUTYREGISTRAR D ECTION OFFICER To,

1. The Principal Secretary, Home Department' Secretariat' Hydera bad, State of Telangana.

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

3. The Tahsildar, Tekulapalli Mandal, Bhadradri Kothagudem District 4. One CC to M/s. PILLIX LAW FIRM, Advocate [OPUC] 5.TwoCCstoGPFoRHoME'HighCourtfortheStateofTelanganaat Hyderabad [OUT]

6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

7. Two CD CoPies (Alongwiththecopyoforderdated'10.03.2025,inW'P'Nos'7139o12O25& batch) h11Q \*- r+ /* I HIGH COURT DATED:1 110312025 \ ORDER WP.No.7336 of 2025 (i' c 't 'to t\ . t'- rr ,^', . 2 2 APB 2025 * DF<'rraTcll'a-c_ <'' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS r tr 7 k 2.{- TTIE HON'BLE SRI JUSTICE T. VINOD KTIMAR W.P.Nos.7139 7154 and 73OS of 2O2S COMMONORDER: Since the grievance of the petitioners in all these writ petitions is one and tJre same, they are being disposed of by this corrmon order.

2. Heard leamed Counsel for the petitioners and t.Ile leamed Government Pleader for Home appearing for the ofEcial respondent Nos.l & 2, learned Government Pleader for Revenue appeaiing for respondent No.3, and with the consent of the learned crounsel appearing for tJ:e respective parties, these writ petitions are taken up for hearing and disposal at admission stage.

3. Having regard to Jis involved and the mamer of disposal, ttris Court is of the view that notice to unofficial respondents in all these writ petitions is not necessaql for adjudir:ation of the Present Writ Petitions.

4. Shom of unnecessary detai-ls, the case of the petitioners, in brief, is that they are the owners of various extents of land; and that tJ:e offrcial respondent Nos.2 & 3 are trying to dispossess them from their respective lands at the behest of unoffrcial respondents in the writ petitions. 2

5. It is the further case of the petitioners that against the interference being caused by the unolficial respondents, they had approached the competent Court of Civil jurisdiction by frling separate civil suits; that while the said suits are pending consideration, tJre unofEcial respondents, with the help of the ofEcial 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 anlra,learned Government Pleader for Home appearing for 2"d respondent has placed before this Court, written instructions, dt.1O.O3.2025, under the signature of the Sub-lnspector of Police, Tekulapalli Police Station, Bhadradri Kothagudem District. By the written instructions, it is stated that the 2"d respondent never interfered with tJ:e peaceful possession ald enjoyment of the petitioners at any point of time nor tried to dispossess the petitioners from their subject lands; and that as per the station records, the 2,*a respondent did not receive any complaint against the petitioners nor any crirninal case is pending against the petitioners herein.

7. Learned Government Pleader for Revenue appeanng on behalf of the 3'a respondent would submit that the petitioners are claiming the subject lands on the basis of old pattadar pass books, which have since been abo[shed on issuance of new pattadzr-r pass books, and thus, t.I:e claim of petitioners being the owners of the subject lands 3 basing on the old pattadar pass books, cannot pnrna facie be accepted.

8. Lrarned Govemment Pleader for Revenue further submits that though tlre petitioners have made an application for pass book data correction, the same was made without placing on record the pattadar pass books as issued by the Government of Telangana.

9. I have taken note of the respective submissions made.

10. Having regard to the submissions made as above, and taking note of the fact that the 2"d respondent, by the written instructions, having categorically stated that the said authorit5r is not interfering with the peacefuI possession and enjoyment of the petitioners over tlre subject lands, and since, the 3.a respondent submits that t1:e petitioners are clairning lands on the basis of old/abolished pattadar pass books and also having not filed the new pattadar pass books issued by the Government of Telalgana to establish their right and title over t.I:e subject lands, this Court is of the view that in the event of the respondents-authorities initiating any action against the lands being claimed by the petitioners, the authorities are to be dtected to follow d.ue process of law and take acti,on strictly in accordance with law.

11. Subject to the above observations, the Writ Betitions are disposed of. No order as to costs. 4

12. As a sequel miscellaneous petitions pending if any shall stand closed. No order as to costs. \ loth March, 2025 T. VIITOD KI'DTAR, J -7 ,4 I 5 HOIY' s RT JUSTICET OD W.P.Nos.7 139 715,4 aad 7305 of 2025 Dt.10.03.2025