SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY Between

7. Smt.Kasarla Dhanamma, Wo. Sravan Kumar, Aged about. 50 years, Occ. Housewife, Rio. Ambedkar Colony, Kodad Town and Mandal, Suryapet District 508206 Telangana and others ...RE''.NDENTS Petition under Article 226 of fhe Constitution of lndia 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 particularly one in the nature of WRIT OF MANDAMUS, declaring the highhanded and illegal action of the respondents herein, particularly 2nd respondent to 4th respondents with the aid and assistance of Sth and 6th respondents threaten to dispossess the petitioner from his laMul possession at the behest of 7th unofficial Respondent, in respect of the petitioner land/plot, an extent of Ac.0-1 1 gts along with small house with domestic power service connection No. 4240138487 in Sy.No.388, situated at Kodad Town, comes under Kodau Municipality, Suryapet District, moreover, the official respondents herein are day and day out threatening and causing nuisance in respect of above rnentioned petitioner subject land, though tl-e r)ompetent Civil Court already seize J the matter and granted the Ad-lnterim Injt nction order in I.A.No. 72 of 2025 ir O.S.No.56 oI 2025, dated.19.03.2025, rvlrich is pending on the file Learned Prin:rpal Junior Civil Judge, at Kodad, and the said illegal action of 2nd respondent tc -7th Respondents are assailed as illegal, arbitrary, unjust and unconstitutiona I and it's nothing but misuse of their official lo,,vers, and also pecuniary advantage by abusing their positions as public servan:s, and violation of Articles 14, 19. '.2 ' a rrj 300-4 of Constitution of lndia, and consr)ql ently direct the Respondents herein not to interfere and not to dispossess jhe petitioner and petitioner family rner roers, without following the due procedure a ; contemplated under law, in respec of petitioner land/Plot along with house arlmr:asuring Ac. 0- 11 Gts in Sy.Nc.3)3 along with Domestic Power Servic,e Connection No. 4240138487, situate,l at Kodad Town, comes under Kodad Municipality, Suryapet District lA NO: 1 OF 2025 Petition under Siection 15'l CPC praying that in the circunlstirnces stated in the affidavit filed in s I rport of the petition, the High Court may be ;:leased to pass orders directing the iiespondents herein, not to interfere "and" no to dispossess the petitioner & petiti :rer family members, without following the du,-' procedure as contemplated under aw, in respect of petitioner land/plot e lorrg with house adrneasuring Ac.tJ-1 1 Gts in Sy.No.388 along with Domes;ti: )ower Service Connection No. ,422C138487, situated at Kodad Town, comes under Kodad Municipality, Suryape t District, n the interest of justice, pending ,jisposal of the main Writ Petition, Counsel for the Petitioner: SRI C. HARI PREETH Counsel for Responrlent Nos. 1 to 4: GP FOR REVENUE Counsel for Respondent Nos. 5 & 6: GP FOR HOME Counsel for Responrlent No. 7: --- The Court made the {ollowing: ORDER w" ... ,/ I I I I 1 I i HON'BLE SRI JUSTICE C.V.BHASKAR REDDY IIIRIT PETITION No.14297 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is hled seeking following relief "... to issue an appropiate Wit, Order or Direction more particularLg one in th,e ndture of WRIT OF MANDAMUS declaing the highhanded and illegat action of the respondents herein partianlartg 2"d respondent to 4th respondents with tLe qid qnd q,ssistance oJ 5h and 6th respondents threqten to rlispossess the petitioner from his tauful possession ot tle behest of vh unoffictal Respondent in respect of the petitioner land./ ptot an exient of Ac.0-11 gts along tutth small house utith domestic pouer seruice connection No.4240138487 in Sg.No.388 situated at Kodad Toutn comes under Kodad MunicipalttA, Suryapet Distict moreouer the official respondents lrcrein are dag and dag out threatening and causing nuisance in respect of aboue mentioned petitioner subject land thaugh the Competent Civit Court alreadg seized the matter and granted the Ad Irutenm InJunction order in LA.No 72 of 2025 in O.S.No.56 of 2025 dated 19.03.2025 which is pending on the file Learned Principal Juntor Ciuil Judge at Kodad and the said illegal action oJ 2"d respondent to Vt' Respondents qre assailed as illegal arbitrary unjust and unconstitutional and its nothing but misuse of their official pouters and atso peaniary adua nktge by abusing their positions os public seruants and uiolation of Articles 14, 19, 21 and 300A of Constitution of India and consequentlg direct the Respondents herein not to interkre and not to dispossess lhe petitioner and petitioner famitg members uithout following the due procedure as contemplated under low in respect of petitioner land/ Plot along uith house admectsuing Ac.O 11 Gts in SU.JVo.3BB along uith Domestic Potuer Seruice Connection No.4240138487 situated ot Kodad Toutn comes under Kodad MunicipaLitg Suryapet Distict."

2. It is the case of the petitioner that he is the owner and possessor of land admeasuring Ac.O- 1 1 guntas in Sy.No.388 situated in Kodad Town & Municipality, Suryapet, having acquired the same from his late father, Sri Roshaiah, who was assigned the said land by the Government about hve decades ago. It is further case of the petitioner that after the death of his father, he inherited 2 the subject Ia r,1 and constructed a small resiclential ho:se in the subject lanrl : r d residing therein along with famil1.. It is further case of thc rct tioner that when respondent No.7, who is _rot having any right, tir,ir. or interest over the subject [and. tri_-cl Lr inl,erfere with his pr:ar clul possession and enjoyment ovc - tL e subject property, LLrr s: 1116i11"6 an application before the resp.nt tent No.4- Tahsildar, Kocl rrl, seeking to conduct survey and actinll o r the said application, tl r Mandal Surveyor, Kodad, conducli:d physical inspection ol Ie subject lancls and submittecL a r ep trt dated 26.05.2022 ,:or firming that the pe titioner and his farnily members are in possessi n and enjoyment of the subject land ior rrore than ten years, a nd he Mandal Surveyor has also subrrLir t.et l another report dated 2( .)3.2024 reaffirming the petitioner,s po;sr ssion. It is the case o[ t;Lr: petitioner that in spite of the sard sl-trve/ reports, when the respr: rdr_'nt No.7 again tried to interfere u.ith hir peaceful possession, rre rrstrtutcd a civil suit vide o.S.No.56 01'rrol15 0n the hle of Principal .unior Civil Judge, Kodad, seeking declarrrtion and injunction, anc the said Court uid_e order dated 1,1.03.2025 in I.A.No.72 ctf ,i2S in O.S.No.56 of 2025 granter.l a l_interim injunction, rcsr- . ining the respondent No.7 herein frorr ir Lterfering with the pea(:ef t. possession and enjoyment of the pr:titioner over the subject lla.ri s, and the said order is being extended f -or_r time to time. The grieva r:e of the petitioner is that inpsite of tl_rr. s rid order J dated 19.03.2025, the respondent Nos.2 to 6 at the behest of respondent No.7, are interfering with his possession and trying to dispossess him from the subject land. Hence the writ petition.

3. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition IS drsposed of at the admission stage.

4. Learned counsel for the petitioner has submitted that respondent Nos.2 to 6, without following due process of law, are frequently interfering with the possession and enjoyment of the petitioner and trying to dispossess him from the subject property.

5. Admittedly, the petitioner has instituted a suit vide O.S.No.56 of 2025 on the file of Principal Junior Civil Judge, Kodad, against the respondent No.7 and the said Court uide order dated

19.O3.2O25 in LA.No.72 of 2025 in O.S.No.56 of 2025 granted ad- in[erim injunction, restraining the respondent No.7 herein from interfering with the peaceful possession and enjoyment of the petitioner over the subject lands and the same is in force as on date. It is the specihc case of the petitioner that inspite of the aforesaid order, the respondent Nos.2 to 6, at the instance of respondent No.7, are interfering with his possession and trying to dispossess him from the subject land. It is settled law that when a I 4 civil disprr i.r: s sub jud-ice before a competent cou rt , t :rc revenue authoritir:s h r.re no authority to dispossess a pen;or: Irom the properly in di r1>ute without following due process of 1a v.

6. In vi,:u, .rf the above, this Court deer:rs it a:p .opriate to dispose of rhe ri'rit petition directing the respondent I\os.2 to 6 not to interfere v i h the peaceful possession ancl enj,tr.m:nt of the petitioner ovr:r .ite lands admeasuring Ac.O_ 1 1 guntas in Sy.No.3gg situated irL { odad Town & Municipality, Sur,.: p( t. If the respondents a-r, having any claim over the subject lar d, thev have to follora. clrre rrrocess of law. It is needless Lo statc thtrt in.ter se disputes be,_rrr e n the petitioner and respondent No..,, trr: required to be adjuclir::tt :.1 in the pending civil suit, in acco;-darLcer \/ith law. 7 Accorrlin 3 y, this Writ petition is disposed of As a s,:qr tt,l. the miscellaneous petitions pcr: ding, if any, shall stand closed. Nt order as to costs. j r i I I I I //TRUE COPY// Sd/- P. DC.NNA KRISHNA ASSISTAl\IT REGISTRAR sEcrrirft oFFtcER ro, Telangana

1. The Principal [,ecretary to. Gov_ernment, Revenue Departm€nt, State of Tetansana Dr I R Am6edkar, reransJiia S;;;;lr[iTy;"i,riro:tddozz, Telangana. 2 The District cc ir :ctor, suryapet District, Suryapet rown and District-s08213 ur >(r r..(-ruoz ro' 3' The Revenue t)ivisionar officer, Kodad Division, Kodad rc,r.t n i.rnd Mandar, . 9.rrygpet Distri ;r_508206, Telanqana- 4. I he tahsildar (odad Mandal, K-odad Town and Mandal, Siury:,pet District_ 5' The superinteident of porice, suryapet District, suryapet -fc,wr 6 The station Ho r:;e offi6sr/rnspector of porice, Kodad rown, pclice station. I. 9n" CC to Sn r ) Hari preeth dO,i""rt" roEriii' B. Two CCs to GF r=or Revenle ;Hldi C;,1; f;ii,e State of Te an,tana. lourl ?a IW:38%,Sr"j 508213, Telanc.ana Kodad Towr ar c Man^dat, grr;;;t Di.irili-"ioe)oo, r"H;i;: r.or Home,Hish i;,i'?;th: bilte orreraneani. 1ou1 and District- ,* 508206, Telancana "; - MBc \# I HIGiH COURT CVBR,J DATED: 0210512025 .9 s* x\ ., : -'. ORDER WP.No.14297 ot 2025 DISPOSING OF THE WRI'T PETITION WITHOLIT COSTS l I i : I l l lt4