1. Bharatha llaiah v. 1. The State of Telangana
Case Details
Acts & Sections
Petition Under Article 226 ot 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 of Mandamus or any other appropriate Writ, Order, or Direction, declaring the action of Respondents more particularly the Respondent No.4 in attempting to dispossess Petitioners from their patta land totally admeasuring 9501.08 Sq.Yds/ Ac. 1.38 Gts in Survey No. Bl, situated at Deshaipet village, Warangal Mandal and District without issuing any notice or following the due pirocess of law as illegal, unreasonable, discriminatory, arbitrary and violation of Article 14 and 21 and 300-A of the Constitution of lndia and consequently direct fl-rr: Respondents not to interfere and dir;possess the Petitioners from their patta land totally admeasuring g50.1 .08 S 1 \,ds/ Rc. t .sa Gts in survey No. 81, sit.rated at Deshaipet viilage, warangar lMandi,rr and District illegally, without fo lovvinE due process of law. l.A.NO:1 OF 2025 Petition Under Ilection 15'l cpc praying that in the circums arces stated in the affidavit filed in support of the petition, the High court may bi: preased to issue an lnterim order, d recting the Respondents not to interfere an,J dispossess the Petitioners frorn thei. patta land, totally admeasuring g50.1 .{)B Sq.yds/ Ac. 1.38 Gts in Survey No. 81, situated at Deshaipet village, Waran(tal t\rlandal and D istrict. Counsel for the Petitioners : SRI S.GOUTHAM Counsel for the Resp.ndents : SRI L.RAVINDER, AGp FOR REVE:Nt.rE The Court at the stage of admission made the following ORDER :--l HON'BLE SRI JUSTICE C.V.BHASKAR REDDY \[RIT PETITION No.11859 of2o25 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "....to issue a Wit of Mandamus or anA other oppropiate Wit, Order or Directton declaring the action of Respondents more particularly the respondent No.4 in attempting lo dispossess Petitioners from their patta land totaltg admeasuing 95O1.OB Sq Yds/ Ac. 1. 38 Gts in Surueg No.81 situated at Deshaipet uillage, Warangal Mandal and Distict tDithout issuing ang notice or follouing the due process of law as illegal unreasonable discimiaatory arbitrary and violatiort of Articles 14 and. 2.1 and 3OOA of the Constitution of Indta and consequentlg direct the Respondents nnt to interkre and dispossess the Petitioners from their patta land. totaLlA admeasuing 9501.O8 Sq.Yds/ Ac.1.38 Gts in Suruey No.81 situated at Deshaipet uillage, Warangat Mandal and Distict itlegallg utithout follotting due process of lau. . . "
2. Considered the submissions of the learned counsel for the petitioners; Sri L. Ravinder, learned Assignment Government Pieader for Revenue appearing for the respondents and with their consent this writ petition is disposed of at the admission stage
3. It is stated that the petitioners have purchased various extents of lands in Sy.No.81 situated at Deshaipet Village, Warangal Mandal and District, through various registered sale deeds in the year 2Ol8 and since then they are in possession and enjoyment of the said property, and the names of their vendors and predecessors-in-interest were depicted in the revenue records as 2 pattadars and p,lssessorl of the subject property, an<l rer;pondent No.4-Tahsilclar ha s also issued Memo vide Rc. No.A3,/Flec'ords/ 09, dated, 27.07 .2C)0() stating that the land in Sy.No.81 is c p,rtta land and not the Gcvtt'nment land. lt is the case of thr: peti 'iorrers [hat having issued t.h,: Memo stating the subject land as ptLt,a land, the respondent arrthcrities are interfering with their possession, causing inconver ience for their enjoyment over the sutr.lr:ct property and are maklnyl cfforts to dispossess them from tl'rc subject property, and the respondent authorities have also erec:t:d Board in the subjecl 1)r()Derty stating that the land in Sv.l"lo.81 is Government larrd, which is contrary to the Memo dated',',7.')7 2OO9.
4. Learn,:d .{s s,istant Government Pleader for Re'venu: e ppearing for the respon,lerrts disputed the nature and classifi,::z Ltir,n ol the subject properl ]'
5. Admittedlr, it is the case of the petitioners that tl-rey have purchased the slrbject property through registered saie ,ier:ds. It is seen from the -r:,;,rrd that respondent No.4 has issued l4e no clated
27.O7.2OO9 statr.-rg that the land in Sy.No.S1 is not a (io','ernment land and the sarne is a patta land. Except filing t-he p:ro ographs, no evidencc rrn C documents are placed before th.i:; lourt to substantiate' as tr how and when the patta lands h:rr.e bccome Government lan<lr;. The lands would be depictecl in t he revenue 3 records as Government lands when they are acquired under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2Ol3 o.r declaring the said lands as surplus lands under the provisions of the Telangana Land Reforms (Ceiling On Agricultural Holdings) Act, 1973; and in the absence of the above methods, the Government is not having any right to claim the patta lands as Government lands. The above issues are required to be examined only after conducting a detailed enquiry.
6. In view of the above, and since it is stated that the petitioners have purchased the subject property by way of registered saie deeds and they are in peaceful possession, this Court is of the opinion that ends of justice would be met if respondent No.4-Tahsildar is directed to follow due process of law by issuing notices, if the Government is claiming any rights over the subject property in Sy.No.Sl, and after considering the documents submitted by the petitioners, further course of action shall be taken over the subject lands in accordance with law. Till such time, the existing nature of the land shall be maintained in all respects. The said exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order, and in the enquiry i[ it is revealed that the subject property is patta lands, the respondents shall I I !-\-'t 4 remove the borrr,l erected in Sy.No.Bl, which has becn p L.rrchased by the petitionr:r:; through registered sale deeds
7. With 1.h,: above observations, this writ petition is 'lisposed of No order as [o ,]r-,sts As a sequc[, the miscellaneous petitions pending, i zrny, shall stand closec-[ //TRUE COPY// 'l . The Principal Secretary, Revenue Depart Telangana at l-lyrJerabad, Telangana. Sd/- P. PONNA KRISHNA SISTAN'T REGISTRAR N SEClION OFFICER 5ssp61sriat, State of
2. The District Cclle.ctor, Warangal District, Warangal, Telangarra. 3. The Revenue {)ivisional Officer, Warangal, Warangal Telangana. 4. The Tahsildar, WarangaI Mandal, Warangal District, Telangana 5. Two CCs to SIll L RAVINDER, AGP for Revenue, High Court rbr the State of Telangana at l-lyrjerabad. [OUT]
6. One CC to SR -e.GOUTHAM, Advocate [OPUC] 7. Two CD Copies To SA MP HIGH COURT' DATED:21104t2025 ORDER WP.No.11859,of 2O2S -i:aa= e s-r 1 s 1 ?. iri 2\ \k, t\P \ C, .at * '\. ^ ip/ c DISPOSING OF THE W.P AT THE STAGE: OF ADMISSION WITHOUT COSTS. 4l N