✦ High Court of India · 04 Aug 2025

High Court · 2025

Case Details High Court of India · 04 Aug 2025
Court
High Court of India
Decided
04 Aug 2025
Bench
Not available
Length
1,133 words

4. Talluri Srinivasa Rao, S/o. Prakash Rao, Aged. 50 years, Occ. Agriculture, H.No. 3-1 , Old Anjanapuram Village, Singabhupalem (GP), Sujathanagar Manal, Bhadradri-Kothagudem District

5. lnturi Janardhan Rao, S/o. Narayana, Aged- 65 years, Occ. Agriculture. Fl/o. H. No.5-4411 , Sujathanagar Village and l/andal, Bhadradri-Kothagudem District

6. Bathula Venkata Krishna, S/o. Narayana, Aged. years, Occ. Agriculture, RJo.H. No..20-5 -12712, Palvoncha Village and Mandal, Bhadradri-Kothagudem District

7. Pothu Venkateswar Rao, S/o. Satyanarayana, Aged. 60 years, Occ. Agriculture, Rl/o.H.No. 3-2-15011, Vidyanagar Colony Village, Chunchupalli IVlandal, Bhadradri-Kothagudem District

8. Bathula Nageswar Rao, S/o. Narasiah , Aged R/o.H.No Old Anjanapuram, Singabhupalem Bhadradri-Kothagudem District 56 years, Occ. Agriculture, GP, Sujathanagar lvlandal,

9. Yatam Veera Reddy, S/o. Ranga Reddy, Aged. 47 years, Occ. Agriculture, Rl/o.H.No.3-90, Old Anjanapuram, Singabhupalem GP, Sujathanagar Mandal, Bhadradri-Kothagudem District

10.Yatam Narasimha Reddy, S/o. Rami Reddy, Aged.58 years, Occ. Agriculture, Fl/o.H.No.. 5-9'1/2, Sujathanagar, Bhadradri-Kothagudem District AND 1 The state of Telangana, rep. by its Principal Secretary for Revenue department, Secretariat, Hyderabad ...PETITIONERS

2. The Dist-ict Collector, Bhadradri Kothagudem Disrrict, Head quarter at Kothagudem

3. The Revenue Divisional Officer, Kothagudem, Bhadraclri- Kothaguclem District 4. The Tahsrldar, Sulathanagar lvlandal, Bhadradri Kothar]udem District 5. The Sub lnspector of Police, PS Su.iathanagar, Bhadralri Kothagudem District 6. Kasani llaiah, S/o. Late Mallaih, Aged.70 years, lJcc. State Committee member of CPI(lV), R/o. Sujathangar Village ar d [r'landal, Bhadradr- Kothagudem district

7. Verla Ramesh, S/o.Raghavalu, Aged.40 years, Occ. Mandal Committee member,rf CPI(tt/) Party, Rl/o-Sujathanagar Village t:nd [\4andal, Bhadradri- Kothagudem d istrict

8. Katirala l.irupathi Rao, S/o.Venkaiah, Aged.40 years, Occ.Village Committee Member of CPI(tt/) Party, Rl/o.Singabhupalem Village Sujathanagar Mandal, Bhadradr -Kothagudem district ...RESPONDENTS Petition under Article 226 of the Constitution of ln lra praying that in the circumstances stated in the affidavit filed therewith, thr: High Cottrt may be pleased to issue a writ, order or direction more particular y one in the nature of writ of mandamus, to declare the action of the Responde'.rt Nos 2-5 in trying to disposes the petitioners from their respective lands in Survry No.s 391 , 392, 396, 397, 398, 399, 4O2. 1, 2, 3, 4, 5 and 6 situated at Old Anjanapuram Village, Singabhupalem Gram Panchayat, Sujathanagar Mandal, llhadradri Kothagudem District without following due process law and with the collusion of unofficial respondent her:in who belong to CPI(M) Party pressurizirq the respondent no.4 to evict the petrtioners and hand over the land to the lan lless poor people who are followers ol them though it is not a Government Land rs as llegal, arbitrarily and violation of Artrcles 21 and 300-,4 of the Con:,litution of lndia and consequently direct the respondents not to interfere int: the possession and enloyment of tl-re petitioner respective land situated at Olc Anjanapuram Village, Singabhupalem Revenue Village of Sujathanagar Mandal, lhadradri Kothagudem District. lA NO: 1 OF 2021 Petition under Section '151 CPC praying that in the (:rrcumstances stated in the affidavit fikrd in support of the petition, the High Court may be pleased to direct the respondents not to interfere into the possessior and enjoyment of the petitioners respective lands situated at old Anjanapuram village, Singabhupalem Revenue Village of Sujathanagar Ir/andal, Bhadradri Kothagudem pending disposal of the above main writ petition. Counsel for the Petitioner : SRI PULLA RAO YELLANKI Counsel for the Respondents No.1to4 : ASST. GP FOR REVENUE Counsel for the Respondents No.5 : ASST. GP FOR HOME Counsel for the Respondents No.6TO8 : The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.12345 of 202L ORDER: Ht:ard 1e arned counsel appearing fol the petit-ioners and learned Assistant Government Pieader tbr Re,venue and learned Assistant Government Pleader for l{ome appearing for ofhc:ial respondents and learned c(.)unsel for the unofficial respondent Nos.6 to B and perrrsed the entire material on record.

2. Learne d Counsel for the petitioncrs si.rbmits that this u,rit petition is filed by the petitioners decl,rring the action of the rr:spondent Nos.2 to 5 in trying to dispossess the petitioners from their respective lands in S f .Nos.391, 392, 396,397,398, 399, 4O2, 1,2,3, 4,5 ald 6 situated at Old Anjanaprrram Village, Singabhupaiem Gram Pa:rchayuat, SujatharLagar Mandal, Bhadradri Kothag,uderrL Djstrict, r.vithout Ib1)o,,ving ciue process of law.

3. Learncd Counsei for the petitioners lurther submits that whil.e admitting, this Court granted interim ordt_-rs on I I ). o sIr,J w.P.No.1234s of 2O21

13.05.2021 in I.A.No.l ol 2O2l in W.P.No.12345 of 2O2l directing the respondents not to dispossess or interfere with the possession of the petitioners in the subject property. In spite of lapse of more than 4 years, the respondents did not choose to fi1e any counter f vacate petition in this matter for denying the averments made in the writ afhdavit and requested to direct the respondents not to interfere with the possession of the petitioners, without following due process of law Learned Assistant Government Pleader for Revenue

4. and learned Assistant Government Pleader for Home submit that the respondents will follow the procedure contemplated under 1aw before interfering w'ith the possession of the petitioners in the subject property and pass appfopriate orders

5. In view of the submissions made by both sides, the writ petition is disposed of directing the respondents not to interfere with the possession of the petitioners in thc ( 3 sx,J W.P.No.72345 ol 2O21 subject property, without following due :trocess of law. There slLa11 be no order as to costs.

6. A:; a sequel, the rniscellaneous petitions pending, if any, shali stand closed. NAAVHBKEIS A S I SWAMY GISTRAR //TRUE COPY// I OFFICER To, \

1. The Prirrcipal Secretary for Revenue department state' of Telangana' Secretari at, HYderabad \J

2. The District collector, Bhadradri Kothagudem Di:;trict, Head quarter at Kothaguclem

3. The Revr:nue Divisional officer, Kothagudem, Bhadrariri- Kothagudem District 4. The Tahsildar, Sujathanagar Mandal, Bhadradri Kothz gudem District 5.TheSublnspectorofPo|ice,PSSujathanagar,Bhadri.rdriKothagudemDistrict 6. One CC to SRI PULLA RAO YELLANKI, Advocate' [C)PUC] 7'TwoCCstoGPFoRREVENUE,HighCourtforlheStateofTelangana.

8. Two CCs to GP FOR HON/E, Hrgh Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD CoPies. BSK l:-> t c I V-> ^ ctc Yy4,A HIGH COURT DATED:0410812025 t t l l. ,1 r' ,: l itLr i.:'; \,- '-._:::1\. , ii i,,rl: a .18 SEP 2025 i l , ORDER WP.No.12345 of 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS o ,{ ,b

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