✦ High Court of India · 20 Mar 2025

A. Vijayalaxmi v. 1. The State of Telangana

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,386 words

Petition Under Article 226 of the Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to isgue' an order, directiop or writ, more so in the nature of Writ of Mandamus, declaring the action of the Respondent No.3 in interfering with the possession of the Petitioner over land admeasuring an extent of Ac. 03-00 Gts. in Sy. No. 66'A41, situated at Muneerabad Village, Bommalaramaram Mandal, Yadadri-Bhuvanagiri District, as illegal, arbitrary and highhanded, contrary to the principles of natural justice, without issuing any notice and without following the ,t,. due process of law and apart from being violative of the rights guaranteed to the Petitioner under Article 14.21 and 300-A of the constitution ol' lndia, and consequentially, direct the Respondent No.3 to not to interfere with the possession of the Petitioner over land admeasuring an extent of Ac. (.)3-00 Gts. in sy. No. 66/441 . situated at Muneerabad Village, Bommalaramaram Mandal, Yadadri=Bhuvanagiri District, except in accordance with law' NO oF 2025 PPtition Under Section 151 CPC praying that in the cirgumstanr:es stated in the affidavit filed in support of the petition, the High court may ber pleased to direct the RQgpondent No. 3 to not to interfere with the possession of the Petitimer over land admeasuring an extent of Ac. 03-Q0 GtS in Sy, No' 66iAA1' situated at Mqneerabad Village, Bommalaramaram Mandal, Yadadri-Bhuvanagiri Distrid. Counsel for the Petitioner : SRI ZAINAB KHAN gounse! for tfre Respondents : AGP FOR REVENUE The Cqgrt at the stage of admission made the following ORDER t t- I ORDER: THE HON'BLE SRI JUSTI CE C.V.BHASKAR REDDY WRIT PETITION No.845O of2o23 This writ petition is filed seeking following relief: "For.the alorementioned reasons and those reasons which may be adduced at the time of hearing, it is prayed that this Hon'ble Court may be pleased to issue an order, direction or writ, more so in the nature of writ of Mandamus, declaring the action of the Respondent No. 3 in interfering with the possession of the Petitioner over land admeasuring an extent ofAc. 03-00 Gts' in Sy No' 66/AA1' situated at Muneerabad Vi age, Bommalaramaram Mandal, Yadadri- Bhuvanagiri District, as illegal, arbitrary and highhanded, contrary to the principtes of natural justice, without issuing any notice and without following the due process of law and apart from being violative of the rights guaranteed to thePetitionerunderArticle14,2land.3o0-AoftheConstitutionoflndia,and consequentially, direct the Respondent No.3 to not to interfere with the possession of the Petitioner over land admeasuring an extent of Ac' 03-OO Gts' in Sy. No. 66/4A1, situated at Muneerabad Village, Bommalaramaram Mandal' Yadadri-Bhuvanagiri District, except in accordance with law and pass such other order or orders as this Honlote Court may deem frt in the circumstances of the case."

2. It is stated that the petitioner is in occupation of agricultural land admeasuring to an extent of Acs' 3'00 guntas in Survey No'66/AA' situated at Muneerabad Village, Bomma'laramaram Mandal' erstwhile NalgondaDistrict(forshort,'thesubjectpropertyJforthelast40yearsand she is also regularly remitting the tax as shivayi Jamadar. It is further stated that the petitioner submitted an application dated 1,2.02.2025 before the erstwhile Mandal Revenue ofhcer, Bommalaramaram Mandal requesting to assign the subject property in her favour and after conducting due enquiry,theerstwhileMandalRevenueOfficer,BommalaramaramMandal has assigned the subject property in favour of the petitioner uide proceedings 2 CVBR, J- W.P.No.845O of 2O25 bearing Proc.No.B11)oo /2ool dated 13.og.2005 and her nar:.re was mutated in the relevant pahanies as pattadar and after introduction of the Dharani Portal, l-he subject r)roperty was reflecr-ed in Survey No.66/A.A/ i and in the year 2oL8, the peritioner was issued a digital pattadar passbook bearing No.T3007o040165 and the petitioner took steps to fence the subject property by using barbed rvire and stone kadis and she is also receiving Rythu Bandhu from the year 2or\ till the year 2023 in respect of the subject property. It is furtht:r stated that the petitioner received a shc,w cause notice d'ated 22.07.2024 issued by 3.a respondent calling upon h,rr.to submit a written explanation as to why her name shourd not be rerrLoved from the pattadar column in respect of the subject property and the petitioner submitted a written explanation to 3.a respondent on 30.07. n.o24 and upon receiving the writterr explanation from the petitioner, the ..Jrd respondent orally assured her that no further steps shall be taken in resp'ct of mutation with regard to thc subject property. It is further subn:.itted that on 28.02.2025, few persons claiming to be ofhcers depute,:l by the 3.a respondent came to the subject property and attempted 10 remove the barbed wire fencing and kadis surrounding the subject prol)erty, but the petitioner resistecl th.e: said interference. It is further.stated that 03.o3.2o25, respondent Nos.4 a,d 5 accompanied by henchmen, at the irrstance of the 3.d respondent, trespassed into the subject property and adjoining property and attempted to rernove the existing barbed wire fencing antl kadis, apart from trying to measLjre the subject property. The grievance of the petitioner I ., CVBR, J W.P.No.845O of 2025 is that the 3.d respondent may be directed not to interfere witl. the possession of the petitioner over the subject property. Hence, the present writ petition

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage '

4. karned counsel for the petitioner vehemently contended that basing on the assignment certificate, the petitioner's name is recorded in the revenue records and pattadar passbook and title deeds have been issued uide passbook No.T3O07OO40165. Learned counsel further contended that the 3rd respondent without even conducting any enquiry is frequently interferingwiththepossessionofthepetitionerandmakingeffortsto dispossess the petitioner from the subject property without following due procedure of law' l )

5. for Revenue appearing for would submit that the 3rd I*atned Government Pleader respondent Nos. 1 to 3, on instructtons' respondent is not interfering with the peaceful possession of the petitioner over the subject property and if there is any claim of the Government with regard to the subject property, the respondent authorities will follow- du: ,-- procedure in accordance with law' I I I I 4 CVBR, J* W.P.No.845O of 2O25

6. Since it is stated by the learned Government Pkader for Revenue that the 3.d respondent is not interfering with the p<.,ssession of the petitioner over thc subject property, the ends of justice u,orrld be met if the 3.d respondent is directed not to interfere with the p<.,ssession of the petitioner over the subject property and if the Government is having any claim over the subrect property, which is in possession of the petitioner, the respondent authorities would follow due procedure in accordance with law.

7. With ttee above observations, the Writ petitiorr is disposed of. There shall be no r>rder as to costs. Miscellaneous applications pending. rf any, shall stanc closed. I To //TRUE COPY// SD/-A.V.S. PRASAD GISTRAR OFFICER '1 . The Principal Secretary, Revenue Department, Secretariat' State of Telangana at HYderabad.

2. The Diqtrict Collector, Yadadri-Bhuvanagiri' 3 TheTahsildar, Bommalaramaram MandalYadadri-Bhuvanagir District' 4. Two Cts to Gp FOR REVENUE, High court for the State of Telangana at Telangana. Hyderabad [OU t]

5. o'ne CC to snt zAtNne KHAN, Advocate [oPUC] 6. Two CD CoPies SA B6r' (1 I ( o o \. :'thc sr(r( 10 APB z02ii . z o * .' ' '/'/ t.^. + .7 t HIGH COURT DATED:2010312025 ORDER WP.No.8450 of 2025 plSPOqE'lG OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. ./e /,,, ?./"/4/ i d

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments