High Court · 2025

Judgment

2. J.

4. ..,PETITIONER The State of Telangana, Rep. its Principal Secretary, Revenue Department Secretariat Hyderabad. The District Collector, Mancherial District at Mancherial The Revenue Divisional Officer, Mancherial Revenue Division Mancherial The Tahsildar, Naspur, Mancherial (TG) District ...RESPONDENTS 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 a writ, order or direction more particularly one in the nature of writ of lVlandamus calling for the records pertaining to lt/emo No. 8113412025 dated 281312025 issued by respondent no.4 and set aside the same as bad in law, arbitrary, unjust. 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 suspend the ot eration of Memo No. 8.113412025 dated 28l3li'.O25 issued by respondent 66, , , pending disposal of the Writ Petition. Counsel for the Petitioner: SRI SANJEEV REDDY GILLELA Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER J a ORDER: THE HON'BLE SRI WSTICE C.V.BHAS KAR REDDY WRIT PETITION No. 10587 of 2025 This writ petition is filed seeking following relief: "For the reasons stated in the accompanying afhdavit,' if is hereby prayed this Hon'ltrle Court may be pleased to issue a writ, order or direction rnore particularly one in the nature o[ writ of Mandamus calting for the records pertaining to Memo No. B I t34 12025 dated,2a l3l2O25 issued by respondent no' 4andsetasidetheSameasbadinlaw,arbitrary,unjustandpasssuchother order or orders as this Hon'ble Court deems ht and proper'' ' 2. It is stated that petitioner is the absolute owner and possessor of agricultural iand admeasuring Acs. 3.14 guntas in Survey No'34' situated at Teegalpahad Village, Naspur Mandal, Mancherial District (for short"the subject land) having purchased the same through registered Sale Deeds bearingDocumentNos.29oOof2o1odated17.o4.2o10and14243of2076 dated0l.12.2016.ItisfurtherStatedthatoneBuddeRajaiahillegally entered into the portion of the subject land of the petitioner and started construction of houses in the subject land' It is further stated that the petitioner lodged a complaint against the said Budde Rajaiah' It is further stated that one Rangu Soundarya and others filed a civil suit uide o.S.No'2ooof2ol4onthelrleoftheAdditionalseniorCivilJudgeat Mancherial wherein the petitioner is the 5tn defendant' It is further stated that in order to keep the law and order under control, the Station House Officer, Naspur frled a complaint before the Special Tribunal' Mancherial uide sT No.Ba /2021 lG 1272812017 dated 03.12.2o21 against the petitioner and Budde Raj aiah and the Special Tribunal dismissed the case holding that_ 1 I I i I I I 2 CVBR,J i W.P.lro.1O687 of 2025 since both parties zLre claiming the same land, the dispute is civil in nature and further obs er-ved that in view of the law and order problenr and breach of peace, the 3.d respcndent has issued promulgation order unier Section 145 Cr.P.C. (Sectio r 1(t4 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)) uide pr' )ce<\1ings No.G/2728 12077 dated 73.17.2077. The grievance of the petitione: is that on the application hled by Sri Budde Ilajaiah, the 4t' respondent hz s issued the impugned Memo No.Bl13,+12025 dated

24.03.2025 dirccti:rg both the parties to attend his office on 07.O4.2O25 at

11.O0 P.M.

3. C,lr slde red the submissicns made by the lcarned counsel for the parties and rvi,h their consent, this writ petition is clispcsed of at the admission stagt .

4. A t aref u1 reading of the impugned memo datr:d 28.03.2O25 would shou, t rat the proceedings No.G/272812O17 dated 13.11.2017 initiated by the Revenue Divisional Officer, Mancherial undr:r Section 145 Cr.P.C. is penc ing for adjudication and rf any enquiry is r.equired to be conducted in te: ms rf Section 145 Cr.P.C. (Section 164 of BNSS), it is for the Revenue Divisir nal Officer to issue notice to the petitioner and conduct enquiry. The rrr pugned notice does not mention any proceedirLgs pending on the file of the 4 h respondent, except stating that the Mandal Surveyor has submitted a rep,)rt ,1ated 26.03.2025. 1 I l t i i i I 3 CWR,J W.P.No.10687 of 2025

5. Be that as it may, as per Section 164 of BNSS Act; whenever an Executive Magistrate is satished from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specihed date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

6. Since it is the case of the petitioner that Section 145 Cr.P.C. proceedings are pending before the Revenue Divisional Officer and the Special Tribunal, Mancherial also relegated the parties to contest their claims in pending suit uide O.S.No.2OO of 2OI4, this Court is of the opinion that ends of justice would be met if the petitioner is permitted to make a representation/explanation as per Section 164 of BNSS. In the event of such a representation/ explanation being submitted by the petitioner, the . respondents shall consider the same and pass appropriate reasoned orders in accordance with law. Till the representation/explanation is considered and orders are passed on merits, the respondents are directed not to take any coercive action over the subject land in any manner.

7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs I I 4 CVBR, J W.P.\o.1O687 of 2O25 - Miscellar reo rs applications pending, if any, shall stand closed. /TTRUE COPY// SD/- A.V.S.PRASAD TY REGISTRAR qEsI SEC TION OFFICER I To, 1 . The Princi cal siecretary, Revenue Department secretariat H yderabad, State of Telangana.

2. The District Collector, Mancherial District at Mancherial 3. The Rever rue t)ivisional officer, Mancherial Revenue Division Mancherial 4. The Tahsildar Naspur, Mancherial (TG) District 5. One CC tc SRI SANJEEV REDDY GILLELA, Advocate [OPUC] 6.TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabarl [OLIT]

7. Two CD CoPie:; BSR / CC TODAY HIGH COURT DATED:0910412025 ) ORDER WP.No.10687 of 2025 ,rf At I: O t. 'i i,. )ir $6 i; r ,tl DISPOSING OF THE WRIT PETITION, WITHOUT I3OSTS fq\, s 4 1b ,/ 5')