High Court · 2025

Judgment

5. The State of Telangana, Rep.By lts Principal Secretary Home Department, Secretariat Buildings, Hyderabad. Director General Of Police, Lakdikapul Rd, opposite Ravindra Bharathi, Ambedkar Colony, Lakdikapul, Hyderabad, Telangana 500004 Deputy Superintendent of Police Narayanpet district, Telengana. Circle lnspector, Makthal Mandal, Narayanpet District, Telengana SHO (Station House Officer), Krishna Police Station, MaKhal Circle, Narayanpet District, Telengana. ...RESPONDENTS

Petition under Article 226 of lhe Constitution of India 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 Respondent No.s to disposes the petitioners by interfering into the petitioners land as illegal, arbitrary and misuse of powers, against the Article 3004 of the constitution of lndia and principles of natural justice and consequently direct Respondent No. 5 not to interfere in the petitioners agricurture rand in sy. No. 169, totar extent Ac. 10.12 Gts. lA NO: 1 OF 2025 Petition under section 'r s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the Hrgh court may be preased to direct Respondent No. 5 not to interfere in the petitioners agricurture rand in Sy. No. 1 69, total extent Ac. 10.1 2 Gts. Counsel for the Petitioners: SRI NALLAMASU KRISHNA Counsel for the Respondents: Gp FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR {I.P.No. 1OO60 of 2025 ORDER: Heard learned counsel for the . petitioners, learned Government Pleader for Home appearing for the official respondent Nos. 1 to 5, and with the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioners, in brief, is that they have been granted assignment pattas by the Government in respect of land totally admeasuring Acres 10.12 guntas in survey No.169, Murahar Doddi Village, Krishna Mandal, Narayanpet District; and that the respondents-authorities are trying to dispossess the petitioners by interfering with the their possession over the said extent of land.

3. It is the further case of the petitioners that the respondents- authorities are calling the petitioners to the 5m respondent-police station in the name of investigation and harassing by making them to sit from morning till evening, thereby interfering with their personal life and liberty, which action of the respondents- authorities it is contended as illegal and arbitrary. 2

4. Per contra, learned Govcrnment Pleader for l{ome appearing for official respondents would submit that lhere are three cases registered against the petitioners herein along with others uide Cr.No. 1 1212023, d|.Ol.12.2023, Cr.No.1 14 I 2023, dt.16.122023 and Cr.No.93 / 2024, dt. 14.1 1.2024.

5. Learned Government Pleader would further submit that onc U. Pavan Kumar lodged a complaint against the petitioners and others on O1.I7.2024, alleging that the petitioners claiming to be granted with assignment pattas have encroached/ trespassed into his land in survey No.169 to an extent of Acres 3.32 guntas,'u,hich is an assigned land registered bn his name by the Government and was doir-rg cultivation therein, and started cutting the paddy crop by using harvesters and also taken about 2OO paddy bags, and thus, requested to take action.

6. Learned Govcrnment Pleader further submits that earlier also based on the complaints lodged by one Athukuri Nagaraju and Mandava Krishna on 07.12.2O23 and 06.12.2O23, against the petitioners herein and o[hers, alleging encroachment/ trespass into therr respective extents of land in survey No. 169 situated at Murahar Doddi Village, Krishna Mandal, Narayanpet District, the authorities have registered two crimes uide Cr.No.1 )2 of 2023 and 114 of 2QQ3, respect ively. \ 3 7 . Learned Government Pleader further submits that insofar as the crime registered uide Cr.No.l12l2023 is concerned, the petitioners herein have stated that they are taking steps for compromising with the defacto complainant; that insofar as the crime registered uide Cr.No.1I4/2O23, based on the complaint made by one Mandava Krishna, the authorities alter conducting investigation have hled charge sheet before the concerned Court, which was taken cognizance and numbered as CC.No. 134/2024, and is pending trial; and that insofar as the complaint made by U.Pavan Kumar, which has been registered as Cr. No.93l2O24,is concerned, the authorities are conducting investigation into the said crime and it is for the said purpose, the petitioners have been called to the police station.

8. Learned Government Pleader would further submit that since, the petitioners are not in possession of the subject land being claimed by them, which has been assigned by the Government in favour of various persons, the petitioners cannot claim of the respondents-authorities trying to dispossess them from their land and the said allegation is invented only for the purpose of causing prejudice against the respondents-authorities before this Court. g. ) I hlve taken note of the respective submissions made. 4 .- \ '.t .--r-j \

10. Though the petitioners claim to be the owners and possessors o[ agricultural tand totally admeasuring Acres 10. l2 guntas in survey No. i69, Murahar Doddi Village, Krishna Mandal, Narayanpet District, they did not place before this Court any document to substantiate their claim of beirrg owners and possessors oI the aforesaid land, in whatsoever form. I 1 1. On the other hand, it is now stated before this Court that by the learned Government Pleader appearing for Home that the subject land is stated to have been assigned by tht: Government to U.Pavan Kumar and others during the year 1997, who have been issued with pattadar pass books by the revem.re authorities, and thus they being in possession of the subject land.

12. Though the petitioners by claiming to be in possession of the subject land had approached this Court alleging being dispossessed by the respondents-authorities, since, the factum of petitioners being in possession itself is not being established by producing thc documents, in whatsoever form, this Court is of the view that the petitioners cannot claim themselves to be in possession of the land being claimed, for the authorities to dispossess them therefrom. 5

13. In view of the above, this Court is of the view that the prcse nt Writ Pctition as hle d is devoid of merit.

14. Accordingly, the Writ Petition is dismissed. No order as to

15. Consequently, miscellaneous petitions, if any, pending shall stand closed. /TTRUE COPY// SD/.N. SRIHARI EPUTY REGISTRAR SECTTON OFFICER To, One CC to SRI NALLAMASU KRISHNA, Advocate 1 UC]

2. rwo CCs to GP FoR HoME, High Court for the State of Telangana at Hyderabad [OUTI

3. Two CD CoPies BSR LS HIGH COURT DATED:0310412025 ioF 15 F\ .*{t '/ r-Q ORDER WP.No.10060 of 2025 DISMISSING THE WRIT PETITION, WITHOUT COSTS d\.\ \ ar\ \