Mohammed lqbal Jani Miya v. 1. The State of Telangana

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 any writ, order or direction more particularly one in the nature of wRlT oF MANDAMUS declaring the action of the Respondents No.4 to 6 in changing the alignment of Nala and thereby attempting to forcelully acquire the land of the Petitioner in Sy.No.214iAA to an extent of A3.1-34 guntas, Sy.No.214lE to an extent of Ac.O-24 guntas, Sy.No.214lA, to an e)tent of AC.1-33 guntas, Sy No.215lAA1 to an extent of Ac.1-15 guntas, situated at Jeerlapally Village, Jharasanga m Mandal, Sangareddy District, Telangana litate, upon the instigation of the Respondents No.7 to I as illegal and arbitrary ard consequently direct the Respondents No.3 to 6 not to dig Nala in the Land of the Petitioner in Sy.No.214lAA to an extent of AC.1-34 guntas, Sy.No.214lE to an extent of Ac.0- 24 guntas, Sy.No.21,4/A, to an extent of AC.1-33 guntas, Sy.No.215lAAl to an extent of Ac.1-'15 gtntas, situated at Jeerlapally Village, Jharasangam Mandal, Sangareddy District, Telangana State. lA NO: 1 OF 2022 Petition under lsection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.4 to 6 not to dispossess the petitioner from his agricultural land in Sy.No.214lAA to an extent of AC.1-34 guntas, Sy.No.2.14lE to an extent of Ac.0-24 guntas, Sy.No.214lA, to an extent of Ail.1-33 guntas, Sy.No.215lAA1 to an extent of Ac.1-15 guntas, situated at Jeerlapally Village, Jharasangam Mandal, Sangareddy District, Telangana State, uporr the instigation of the Respondents No.7 to g, without following due process ol Law, pending disposal of main Writ Petition. lA NO: 1 OF 2023 Petition under Siection 151 CPC praying that in the circumstiances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No 4 to consider the F Line petition dated 2\lo2l2o22 filed by the Petitioner. lA NO: 2 OF 2022 Between: I|q Pgg.rly Executve Engineer, lrrigation Department, Zaheerabad, Siangareddy District Telangana State - ) AND 1 Mohammed lqbal Jani Miya, S/o Late Meera Sab Aged- about.57^years, Occ Agriculture, FJo Jeerlap'ally Village, Jharasangam Mandal, Sangareddy District, Telangana State ...PETITIONER/RESPONDENT ... RESPONDE NT/PETITION ER

2. The State of Telangana, Rep by its Principal Secretary Revenue Department Secretariat, Hyderabad

3. The District Collector, Sangareddy District, Telangana State 4. The Revenue Divisional Officer, Zaheerabad Division, Sangareddy District Telangana State

5. The Tahsildar, Jharasangam Mandal, Sangareddy District, Telangana State 6. The Station House officer, Jharasangam Police Station, Sangareddy District, Telangana State

7. Haneef, Sio Chunnu Sab Aged about 52 years, Occ Agriculture, 8. N. Kishtaiah, S/o Shivaiah, Aged about 50 years, Occ Agriculture 9. B. Venkat Reddy, Sio Vittal Reddy Aged about 43 years, Occ Agriculture, Respondents No.7 to 9 are Rl/o Jeerlapally Village, Jharasangam Mandal, Sangareddy District, Telangana State ...RESPONDENTS/RESPONDENTS 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 Vacate the said order (status Quo) dated 18to712022 passed in w.P.No. 13308 of

2022. Counsel for the Petitioner : SRI A.NAJEEB KHAN Counsel for the Respondents No.1to4 : GP FOR REVENUE Gounsel for the Respondents No.5 : GP FOR IRRIGATION & CAD Counsel for the Respondents No.6 : GP FOR HOME Counsel for the Respondents No.7TO9: The Court made the following: ORDER THE HO N'BLE SRI JUSTICE C.V.BHASKAR RED DY WRIT PETITION No.133O8 of 20.22 ORDER: This v r it petition is frled seeking to declare the ,ection of responclent \os.4 to 6 in changing the alignment of l{ala and thereby attempting to forcefully acqllire the petitioner,s, land in Survey No.!l I4/AA to an extent of Ac.1.34 gutnas. Survey No.2l4 /E to an extent of Ac.O.24 guntas, Survey No.2 14/A to an extent of Ac.1.33 guntas and Survey No.2i5/AA1 to an extent ol Ac:. 1. 15 guntas, situated at Jeerlapally Village, Jharasangam Mandal, Salgarcddy District, at the instil;ation of respondent Nos.7 to 9 as illegal and arbitrary and fr>r other appropriatc reliefs. It is stated that the petitioner is the absolute ou, ner and possessor of agricultural land in Survey No.2l4 / AA to a 1 extent of Ac.1.34 gutnas, Survey No.2l4 ltr to an extent ol Ac.O.24 grintas, Survey No.214/A to an extent of Ac. 1.33 gr-rn tas and Survey No.2l5;/AA1 to an extent of Ac. 1.15 guntas, sitl lated at Jeerlapally Village, Jharasangam Maldal, Sangareddy District and the rev('rlue authorities also issued e-pass book in his favour vide hlhata No.247 in respect of the said lands. It is further stateci that when respondent Nos.7 to 9, who are not the I i I I I 11 1: t, 2 owners of the neighbouring lands, tried to interfere with his possession over the subject lands, the petitioner was constrained to submit application dated 28.02.2022 seeking to conduct survey ald fix the boundaries in respect of the subject lands. It is also stated that in order to protect the subject property, the petitioner also Iiled O.S.No'S8 of 2022 on the frle of the learned Junior Civil Judge, ZaTrcerabad, seeking demarcation and perpetual injunction. The grievance of the petitioner is that pending adjudication of the said suit, at the instance of respondent Nos.7 to 9, respondent Nos'4 to 6 are trying to demolish the cattle shed and room construed in the subject land, on the ground that they are going to dig a nala from the said land for easy flow of water' A counter afhdavit has been frled by respondent No'5 i'e', Deputy Executive Engineer, I & CAD Department, Zalteerabad, Sangareddy District, inter alia, stating that the petitioner is encroacher of a water body, a part of which passes in between the Survey Nos.214 and 215 of the Jeerlapally village; acting upon a complaint submitted by some of the villagers that the petitioner has encroached part of the Nala area, a joint inspection was conducte d on 26.02.2022 whercirt it was found that the petitioner encroached a part of the said Nala area and 3 constructed t.emporary small structures; as such, the revenue officials ren-.cved the encroachments from the said Nirla area, but they are not digging any portion of the petitioner,s; land. as alleged bv tl.r: petitioner for the purpose of Nala; and in vielv of the same, thc petitioner is not entitled to.any reliei in the present writ petition. Since r t is specifically statcd in the counter a-ffidavit that joint survey has already been conducted on 26.(.12.2022, boundaries cf Nala have been fixed, encroachments herve been removed from the said Nala area and the respondent aur.horities are not going to dig any portion of petitioner,s land for the purpose of Nala, this Court deems it appropriate to dis;pose of the writ petition by directing that if any part of the petrtioner,s patta lands are effected for the purpose of Nala in futr.rre, the respondent authorities shall follow due procedure in accordance with law The wrir petition is accordingly disposed of Pending miscellaneous applications, if aly, shall stand closed. There shall be no order as to costs. To, //TRUE COPY// SD/-K. SREE RAMA MURTHY PUTY REG SECTION OFFICER 1 Jnp Principal Secretary, Revenue Department Secreta.iat, State of Telangana, Hyderabad 2 3 The District Collector, Sangareddy District, Telangana State The Revenue Divisionar officer, Zaheerabad Division, Sang;rreddy District Telangana State cdl'l '.tr-

4. The Tahsildar, Jharasangam [\r1andal, Sangareddy District, Telangana State 5. The Deputy Executive Engineer, lrrigation Department, Zaheerabad, Sangareddy District Telangana State

6. The Station House officer, Jharasangam Police Station, Sangareddy District, Telangana State

7. One CC to SRI A.NAJEEB KHAN, Advocate. [OPUC] 8. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

9. Two CCs to GP FOR IRRIGATION & CAD, High Court for the State of Telangana at Hyderabad. [OUT]

10. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] 1'1 .Two CD Copies. BSK BS HIGH COURT CVBR,J DATED:1210312025 ORDER WP.No.13308 ot 2022 , I 'rr.F S Lrt , ( (-) ,r-) 09 npn '+/ * f1 .E- *,.,'.\ i\\ {\ 1025 . l ). I (>, I DISPOSING OF THE WRIT PETITTON WITHOUT COSTS \r U