Panasa L v. 1. The State of Telangana'

Petition under Article 226 ol lhe 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 particularly one in the nature of Writ of Mandamus decraring the action of the respondents herein particularly the respondents No 3 to 5 herein in interfere into the peaceful possession and enjoyment in respect of the agriculture land of the petitioner in Sy No 64/a to an extent of Ac.04-50 Cts (Equal to Ac'04-20 Gts) situated at Akenapalli Village' trying to affixing the trench in petitioners above said land without issuing any Notice and without foflowing due process of raw as ifiegal, arbitrary. and violative ofArticle14,21and300-AoftheConstitutionoflnciia,Consequentlydirectthe respondents No' 3 to 5 not to interfere into the peaceful possession and BellampalliMandal,MancherialDistrictforinstallationofElectricalsub-Stationby .; ,\ lf,lt-r en,oyment of the land in Sy.No.64/a to an extent of Ac.04-50 Cts (Equal to Ac.04_ 20 Gts) situated at Akenapari Virage, Berampari Mandar, Mancheriar District of the petitioner. IA NO:1OF 2025 Petition under Section 1 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High C"rft ,r; ;;;,;r"; ," direct the respondents No. 3 to 5 not to interfere into the peacefur possession and enjoyment in respect of the agricurture land of the petitioner in sy.No.64/a to an extent of Ac 04-50 cts (Equar to Ac.04-20 Gts) situated at Akenapari virage, Belrampa'i hrlandar, [Vlancheriar District, pending disposar of th" *rit ;;;;" Counsel for the petitioner: SRI V.yADU KRISHNA SAINATH Counsel for the Respondents No. 1 to 4: Gp FOR REVENUE Counsel forthe Respondent No. 5: Gp FOR HOME " - The Court made the following: ORDER l HON'BLE SRI JUSTICE C'V' BHASI{AR REDDY WRIT PETI TION No.10764 of 20,25 ORDER: ThisWritPetitionisfiledprayingthisCourttodeciarethe action of respondent Nos.3 to 5 in interfering into the peaceful respect of possesslon and enjoYment of the Petltloner 1n agriculturallandadmeasuringAc.4.5octs(equaltoAc.4.20gts.), in Sy.No.64/a, situated at Akenapalli Village' Bellampalli Mandal' Mancherial District, for installation of Electrical Sub-station by trying to afftx the trench in the subject land' without issuing any notice and without following due process of law, as illegal, arbitrary and consequently, prayed for other appropriate reliefs' 2. Considered the submissions made by the learned counsel for the parties and with their consent' this writ petition is being disposed ofat the admission stage' It is stated that the petitioner has purchased land 3. admeasuring Ac 4 50 cts (equal to Ac'4 20 gts')' in Sy'No 64/a' situated at Akenapalli Village' Bellampalli Mandal' Mancherial District, by way of sada bainama' It is further stated that the name of the petitioner has been recorded in the revenue records and the revenue authorities also issued pattadar passbook under the provisions of the Telangana Rights in Land and Pattadar Passbooks 2 t *o_,or;ou_3|jj Act, 7971 (for short, ,the Act, 1971) inher favour in respect of the subject property uide patta No. I I 73. It is further stated that after introduction of the Telangana Rights in Lancl and pattadar Passbooks Acr, I97l (for short, ,the Act, 2O2O), the subject land is classified ss ceiling patta and the petitioner,s vendor name is reflecting in the Dharani portar and the authorities have not issued new pattadai passbook stating that the subject land is ceiling patta land' The grievance of the petitioner is that respondent Nos.3 to S are trying to interfere into her peaceful possession and enjoyment over the subject propertv stating that they want to take possession of the subject land for installarion of the Elcct: ",tccuical Sub-station, without issuing any notice.

4. Learned counsel for the petitioner has statecl that earlier when respondent authorities are interfering with the possession of the property in Sy.No.64lE, situated at Akenipalli Village, the petitioner,s husband filed a writ petition urde W.p.No.I 9OO of 2O2S on the frle of this Court and this Court, uid.e its order dated 23.O1.2025 directed the re5p6n6"rrt authorities to conduct survey of the lands of the petitioner therein and after frxation of boundaries and localiztrtion of the same, to proceed with the construction work of the electrical sub_station. It is further , 3 CVBR. J Wp-10764 2025 directed that after conducting survey' if it is identihed that the petitioner's lands are affected in any manner' the respondent authorities shall follow the due procedure under law 5. Learned Assistant Government Pleader for Revenue has placed written instructions of respondent No'4' wherein' it is stated thal in terms of the order dated 23'O 1 2025' survey has been conductedbytheMandalsurveyorinSy.No.64lE,afterissuing notice to the petitloner and even after receipt of the notice' the petitioner has not participated in the Survey enquiry' It is further statedthatthelandinSy.No.64lEisapattalandandtheland proposed for sub-station is a ceiling assigned land and no portion of land has been acquired from the petitioner's land for sub-station purpose. It is further stated that as per Phodi map' the petitioner's land is forming part of Sy No'64/ 1' whereas' the sub-station is proposed to be constructed in Sy'No 64 / 3'

6. A careful analysis of the written instructions would reveal that there are disputes with regard to fixation of sub-division in Sy.No.64. trven though the survey numbers for the land respondent stated that the Sy.No.64lE, the claim of the forming part of Sy'No'64/a' As per Section 898 of Telangana Land that their lands are petitioner's land petltroner 1s situated 1n 1S 4 CVBR. .I wp lo76a 20is Revenue Act, I3lZ Fasli it shall be lawful lbr the Government to order at any time irrcspective of the provis.rons of Section g9, the Survey Number be divided into so many sul as required, in view of the acquisition of rights in land o:-divisions r for any other reason. Further, as per Section 97, it shall be the dury of every landholder to maintain the boundary marks of his Holdings in its original conditions. If he fails to maintain them and does not carry out necessary repair, the said repair shall be carned out by the concerned revenue officer and recover the charges incurred for the said pattadar. A conjoint reading of the above provisions makes the facts clear that il the disputes arose, the competent authority i.e, Tahsildar shall conduct survey for preparation of podhi records. The lands claimed by the petitioner as well as respondents are situated in compact block by assigning dilferent podhi numbers and the property under dispute has to be identified with clear demarcation anci fixation of the boundaries on the ground position. The ends of justice would be met if the respondents are directed not to interfere with the lands in possession of the petitioner ald if the sa me could not be iclentified on ground, the respondents are directed to prepare sub-division recorcls as per the documents produced by the petitioner and after podhi if any of the lands of the petitioner is affected in the construction of sub- ' 5 CVBR, J Wp .10764 2025 station, initiate appropriate proceedings for payment of ! l I compensation, in accordance with law' T.Withtheaboveobservations,thisWritPetitionisdisposedof. No order as to costs. As a sequel, the miscellaneous petitions pending, if anY, shall stand closed. SDI C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// To, SECTTON OF FICER Buildings' at BRKR

1. Principal Secretary' Revenue Departmentisecretariat Bhavan, The State ofTelangana' Hyderabad'

2. The District Collector' Mancherial District' at Mancherial' 3. The Revenue Divisional Officer' Bellampalli Division' Mancherial District- 4. The Tahsildar, Bellampalli Mandal' tvlancherial District' 5. The Station House Officer' Talla Gurjala Police Station' tvlancherial District' 6. One CC to SRI VYADU KRISHNA SAINATH Advocate IOPUCI 7. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' lo*'.1". to GP FoR HoME' High court for the State of relangana' [ouT] d 9. Two CD CoPies BGS GJP N HIGH COURT DATED: 09104t2025 ORDER WP.No.10764 of 2025 :_::- :i I.r. ) (' k o 10 SEPM ,) t' + a (-,c r ,, .r c.,i DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\