High Court · 2025

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 particulady one in the nature of writ of Mandamus, declaring the action of the respondents herein in threatening to dispossess the petitioner from her lawful possession at the behest of 4th and Sth respondents in respect of the land admeasuring Ac'22 '2O gts, in Sy.No.303/2/84/16 (Old) 3o3t2l84l16lN1 (New) situated at Gangaram Revenue Village, Tekulapalli Mandal, Bhadradri Kothagudem District., during the pendency of the civil suit bearing o.s.No.97 ot 2025 on the file of the Agent to government (District collector), Kothagudem, Bhadradri Kothagudem District, without any authority or jurisdiction, as being illegal, arbitrary, unconstitutional and violative of Article 2'l and 300-4 of the constitution of lndia and consequenfly 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 respondents not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the land admeasuring 4c.22.2O gts., in SyNo.303/2/84/16 (Otd) 3}3t2t14t16lN1 (New) situated at Gangaram Revenue Village, Tekulapalli Mandal, Bhadradri Kothagudem District., pending disposal of the main Writ petition. Counsel for the Petitioner: M/S. plLLlX LAW FIRM Counsel forthe Respondent Nos.1 and 2: Gp FOR HOME Counsel for the Respondent No.3: Gp FOR REVENUE Counsel for the Respondent Nos.4 and 5:--- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR w.P.No.illl20 0f 2025 ORDER: This Writ Petition is filed for issuance of Writ of Mandamus to declare the action of respondent Nos.1 to 3 in threatening to dispossess the petitioner from her lawful possession at the behest of respondent Nos.4 and 5 in respect of land admeasuring Acs.22.20 guntas in Sy.No.303/2/Bal16 (old) 303/2184116/A/1 (new) situated at Gangaram Revenue Village, Tekulapalli Mandal, Bhadradri Kothagudem Distrlct, during the pendency of the civil suit, vrdeO.S.No.97 of 2025 on the flle of the Agent to Government (District Collector), Kothagudem, Bhadradri- Kothagudem District, without any authority or jurisdiction, as being illegal, arbitrary and unconstitutional and also violative of Articles 21 and 300-4 of the Constituting of India.

2. Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 & 2, learned Government Pleader for Revenue, appearing for respondent No.3 and with the consent of the learned counsel appearing for the parties, the Writ Petitions are taken up for hearing and disposal at the admission stage.

3. Having regard to the manner of disposal of the Writ Petition at the admission stage and the nature of /s involved, this Court is of the view I I \ that notice to unofficiai iespondent Nos.4 and 5 is not necessary for adjudication of the present Writ petition. \

4. Learned counsel appearing on behalf of petitioner and learned Government Pleader appearing for the official respondents submit that the issue involved in the present Writ petition is squarely covered by. a decision of this Court in Wp.Nos.7139, 7154 and 7305 of 2025, dt.10.03.2025, and the said common order would apply in all force to the facts of the present case.

5. Recording the same, for reasons alike as were stated in the aforesaid Writ Petitions, vide Wp.Nos.7t3g, 7LS4 and 7305 of. 2025, dt.10.03.2025, and in terms thereof, this Writ petition is also disposed of. No order as to costs.

6. Registry is directed to append a copy of the order passed in WP.Nos.7139, 7754 and 7305 of 2025, dt.10.03.2025, to this order. 7 Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/-A. SRINIVASA REDDY ISTANT REGISTRAR SECTION OFFICER Home Department, Sec riat, The State of To,

1. The PrinciPal Secret 4ry, ad. Telangana, Hydera b Offic House er, Tekulapalli Police Station, Bhadradri Kothagudem 3 4 5

2. The Station District. ine fafrsildar, Tekulapalli Mandal, Bhadradri Kothagudem District One CC to Mis. Pillix Law Firm, Advocate [OPUC] Two CCs to GP for Home, High Court for the State of Telangana, at Hyderabad [OUTI Two CC to GP for Revenue Two CD CoPies 6 7 TJ LS [atong with the Copy of Order dated 10.03.2025 In W.P.No.7139,7'154 and 7305 ot 20251 I I Aiib f. if, HIGH COURT DATED:0710412025 ..i o ( <J ORDER WP.No.10220 of 2025 a) \ \ i'IEi,t .$ .\ \rs (' 6, ''L )1 o ,( DISPOSING OF THE WRIT PETITION WITHOUT COSTS lt- .tt )_s \ / // ./,, THE HON'BLE SRI JUSTICE T. VINOD KT'MAR W.P.Nos. 7139 7154 and 73OS of 2025 COMMON OR"DER: ' Since the grievarce of the petitioners in all these writ petitions is one and the same, they are being disposed of by this co[unon order.

2. Heard learned Counsel for the petitioners altd the learned Govemment Pleader for Home appearing for the offrcial respondent Nos.l & 2, learned Government Pleader for Revenue appearing for respondent No.3, and with the consent of the learned counsel appearing for the respective parties, these writ petitions are taken up for hearing arrd disposal at admission stage.

3. Having regard to [b involved and the manner of disposal, this Court is of the view that notice to unofficia-l respondents in all these writ petitions is not necessaq/ for adjudication of the present Writ Petitions.

4. Shorn of unnecessal/ detarls, the case of the petitioners, in brief, is that they are the owners of various extents of lald; and that the olEcial lespondent Nos.2 & 3 are trying to dispossess ttrem from their respective lands at the behest of unoflicia.l respondents in the writ petitions. 2

5. It is the further case of the peUtioners that against the interference being caused by the unoflicial respond.ents, itrey naa approached the competent Court of Civil jurisdiction by ltling separate civil suits; that while the said suits are pending consider:rtion, the unoflicia-l respondents, with the help of the offrcial respondents, are trying to dispossess them; and that the said action of the respondents-authorities in involving in civi-I disputes cannot be held as a valid action.

6. Per contra, learned Government Pleader for Home appearing for 2"d respondent has placed before this Court, written instructions, dt.10.03.2025, under the signature of the Sub Inspector of Police, Tekulapalli Police Station, Bhadradri Kothagudem District. By the written instructions, it is stated that the 2"d respondent never interfered with the peaceful possession and 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, t}re 2"d respondent did not receive any complaint against the petitioners nor any criminal case is pending against the petitioners herein.

7. karned Government Pleader for Revenue appearing on behalf of the 3'd respondent would submit that the petitioners a-re clairning the subject Iands on the basis of old pattadar pass books, which have since been abolished on issuance of new pattadar pass books, and thus, the claim of petitioners being the owners of the subject lands 3 basing on the old pattadar pass books, catnot pimo facie be accepted.

8. Learned Government pleader for Revenue-further submits t]lat though the petitioners have made an application for pass book data correction, the same was made wrthout 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 authority is not interfering with the peaceful possession and enjoyment of the petitioners over the subject lands, and since, the 3.d respondent submits that the petitioners are claiming lands on the basis of old/abolished pattadar pass books arld also having not filed the new pattadar pass books issued by the Government of Telangana to establish their right and title over the 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 directed to follow due process of law and take action strictly in accordance with law.

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

12. As a sequel rniscellaneous petitions pending if any shall stand closed. No order as to costs. T. VINOD KUMAR, J lorh March, 2O25 9ra